
Glass jLffLUO 
Book ' ! O _: 



/ 






"^-h. 






HINTS 



T O L E RAT ION: 



IN FIVE ESSAYS 






I. On the RIGHT of SOCIETY to investigate J III. On ELIGIBILITY to OFHCES of PUB- 
the RELIGIOUS PRINCIPLES of its 2 LICK TRUST ; 

SUBJECTS; \ IV. On LICENSING Persons and Places for 

II. On SPECIFICK LIMITATIONS to the I the Performance of DIVINE WOR- 
extent of an Enlightened RELIGIOUS TO- ^ SHIP ; 

LERATION j \ V. On the LIBERTY of the PRESS: 



SUGGESTED FOR THE CONSIDERATION OF 

THE RT HON^^ LORD VISCOUNT SIDMOUTH, 

AND THE 

DISSENTERS. 
By Philagatharches. 



" He that ruleth over men, must be just, ruling in the fear of God." 

2SAM. xxiii. 3. 

" Est enim unum jus, quo devincta est hominum societas et quod lex constituit 
una : qua; lex est recta ratio imperandi atque prohibendi : quam qui ignorat, is est 
injustus, sive est ilia scripta uspiam, sive nusquam." CIC. de Legibus. 



SECOND EDITION. 



Printed hy R. TVatts, BroxboQiMi^. 
FOR MESSRS. CADELL AND DAVIES, LONDON. 




1811 



PREFACE 



1 HE great business of Legislation never 
assumes a more important aspect, than 
when we view its particular influence on 
the moral and religious character of a na* 
tion : and there are but few nations, in 
which the laws have not either a more 
direct or remote influence on the religious 
opinions of the people. 

Religion is one of the most powerful of 
those operative agents which aff^ect the 
character of man. The laws, therefore, 
which any nation enacts upon this subject, 

must 



>1 PREFACE. 

must ever be ranked among the most im- 
portant of its statutes^, and must be esteemed 
the chief causes of the moral and reU- 
gious pecuharities of the nation. We are 
accustomed to associate with rehgion our 
dearest interests : the most powerful mo- 
tives and springs of action are deduced 
from it : and of all the sentiments and 
opinions we hold, there are none which^ 
from their own nature, and the constitution 
of the human mind, are so manifestly 
calculated to give a peculiar cast to the 
character. 

The mighty influence of such laws can be 
no where better seen than in the history of 
Rome, since the establishment of Christia- 
nity by law. It is impossible to contem- 
plate the wretchedly degraded character of 
all those nations, to which the Roman 
pontifical power extended, without ascri- 
bing 



P R E F A C E. Vir 

bing their ignorance, their cruelty, and their 
vice, to that absurd union of the civil with 
the ecclesiastical authority, which armed 
the priest with a sword, and empowered 
him to enforce his doctrines by appeals to 
the statute book. The deterioration of 
moral character, which took place in all 
these nations, originated in that oppressive 
and impolitick system of legislation, which 
followed on the accession of Christianity 
and Constantine to the throne of I^ome. 
The legal establishment of Popery has, 
indeed, always been followed by vices of 
the very worst kind, among all classes of 
the communitv; and but few nations can 
be found, that have not felt the baneful 
inftuence of those laws which were enacted 
to enforce relimon. 

But while this has been the infelicity of 
most nations on the continent of Europe, 

our 



via PREFACE. 

our own country, under the auspices of the 
Genius of Liberty, has demonstrated, that 
both national virtue, and every species of 
secular improvement, are best secured 
where the fewest restraints are imposed 
on the consciences of the people. England, 
at the present day, furnishes a striking 
illustration of the happy effects of that 
wisdom, which has avoided interference on 
a subject so delicate and so important. 
Our prosperity and our tranquillity are the 
legitimate effects of that civil and religious 
liberty vre enjoy. It is this liberty which 
has so long characterized our nation : it 
was for this our predecessors so long 
struggled, and so often fell : and for the 
preservation of this liberty, unimpaired, we 
are indebted to the enlightened system of 
modern legislation, and the liberal spirit of 
our venerable and invaluable Sovereign. 



But, 



PREFACE. IX 

But, notwithstanding the wisdom of our 
legislators, and the liberality of our gracious 
Sovereign, important defects are still visible 
in the structure and symmetry of our poli- 
tical edifice. A considerable portion of our 
fellow subjects are still excluded from the 
full enjoyment of perfect liberty, and labour 
under many serious incapacities ; arising, 
not from any civil or political discrepancy 
between their opinions and those of their 
rulers, but from the peculiarities of their 
respective systems of church government. 

The importance of a right understanding of 
the question of Toleration was never more 
evident than at the present critical juncture, 
when every surrounding nation seems 
tottering to its base, and our own requires 
the utmost skill to secure it against the 
assault of external violence. It is only by 
a closer combination of our energies, and 

the 



PREFACE. 

the banishment of every thing that would 
engender discord, or induce revolt; it is 
only by the removal of every cause that 
w^ould give effect to the attempts of our foes, 
or unnerve a single arm in the sacred cause 
of Liberty ; that we can expect to stand. 

This is the view which every enlightened 
mind must take of the present situation of 
affairs ; and it is from this view that the 
subject in hand derives its claims upon the 
attention of every patriot. Knowledge is 
every day spreading : men must and will 
think for themselves : they see their own 
liberty and happiness so closely connected, 
that no entrenchment upon either can be 
expected to be received without opposition. 
Reason sooner or later must scrutinize the 
laws of every state; and it must ever remain 
the wish of the patriotick statesman, that 
those laws only should stand, , whose excel- 
lence 



PREFACE. XI 

lence is evinced by the beneficial effects 
they produce. 

Impressed with these views, the author of 
the following pages first directed his atten- 
tion to the subject in hand. The agitation 
of the question of Licenses, by Lord Sid- 
mouth, induced him to proceed with the 
plan he had previously laid down, and 
to expedite the present publication. The 
work now before the. Publick, though 
complete in itself, is only a part of the ori- 
ginal. He begs leave therefore to state, 
that should the present work meet with a 
candid reception, and excite any conside- 
rable degree of interest in the publick mind, 
he will proceed to complete the task he has 
undertaken. The whole work is designed 
to embrace; First, a view of the nature, 
justness, and political influence, of an en- 
lightened religious toleration : and. Secondly, 

A , a brief 



XU PREFACE. 

a brief general history of the extent and 
consequences of intolerant laws in all the 
nations of Christendom ;- — designed to il- 
lustrate the leading principles of the work. 

The subject of Licenses for Preaching, to 
which the publick attention has recently- 
been directed, formed, as will be seen, a 
part of the general inquiry the author 
meant to pursue, and, as it was so closely 
connected with the great question of Tole- 
ration, could not be discussed alone. 

The author was unwilling, therefore, to 
offer that Essay by itself; as it required the 
others to accompany it, in order to complete 
the discussion of that particular question, and 
preserve the work entire. This, it is hoped, 
will be esteemed a sufficient reason for the 
publication of Five Essays, instead of one. 
They are, in fact, the five first chapters of 

the 



PREFACE. Xlll 

the treatise On the nature, justness, &c. of 
an enhghtened Religious Toleration. 

As the nobleYiscount, who agitated, during 
the last session of Parliament, the question 
of h censing dissenting teachers, &c. has 
pledged himself to bring the question again 
before the British Legislature, early in the 
next session, the author considered it a 
duty incumbent upon him, and rendered 
doubly so by the entire silence that has 
prevailed since his Lordship's motion, to 
offer to the attention of his Lordship and 
the Publick such observations as the sub- 
ject seemed to suggest, and which, he trusts, 
will meet with the approbation of every 
enlightened and liberal statesman, and 
every obedient and loyal subject. 



A 2 



TABLE 



CONTENTS 



ESSAY I. 

ON THE RIGHT OF SOCIETY TO INVESTIGATE THE RE- 
LIGIOUS PRINCIPLES OF ITS SUBJECTS. 

Page 

On the term Toleration 2 

Neither the Church , nor the Civil power ^ can 
justly pretend to exercise Toleration . . 4 

The origin and ends of Civil society do not 
sanction the pretensions of Rulers to the 
control of conscience 6 

The principles of the Social compact do not 

concede this poiver to Rulers . ... 13 

Reasons why society should not possess autho- 
rity over conscience : 

Society is not injured by principles, while 

they 



XVI TABLE OF CONTENTS. 

they remain in the breast of the indivi- 
dual . . . • 19 

TJie authority of the magistrate does not 

extend to principle 21 

Such authority would pre-supbose the magi- 
strate infallible 23 

It would transfer the responsibility of indi- 
viduals to the Civil ruler . . . .23 

Truth and conscience cannot be controled 

by any methods of coercion . . . . 35 



ESSAY II. 

ON SPECIFICK LIMITATIONS TO THE EXTENT OF AN 
ENLIGHTENED RELIGIOUS TOLERATION. 

First exception : Those principles luhich sanc- 
tion the practice of vice 43 

Second exception : Those principles ivhich tend 

to excite resistance against Government . 45 

Illustrated by the contrast of the Quakers . 48 

and the Fifth- Monarchy men . . . . 52 

Third exception : Those principles ivhich sap 

the basis of the Social compact . . . 56 

On 



TABLE OF CONTENTS. XVU 

On an Oath 57 

On the Oath of an Atheist 58 

Of a Deist . 59 

Of a Roman Catholich 62 

Of a Mohammedan 63 

Of a Jew ib. 

Roman Catholicks should not he alloived to 

teach puhlickly , except under limitations . 65 

They hold the doctrine of Absolution . . . ib. 

That no faith ought to he kept with he- 

reticks 6Q 

That the end sanctifies the means . ... 67 

They practise auricular confession .... 68 

They can purchase indulgence for sin ... 70 

Popery cultivates a sanguinary disposition . . 74 

Modern Romanists the same in principle and 

spirit with their ancestors 80 

The means hy ivhich alone concessions on the 
part of the Romanists should acquire po- 
litical validity . . 85 

The limitations under ivhich Papists should he 

permitted to teach 88 

Essay 



XYiii TABLE OF CONTENTS. 

ESSAY III. 

ON ELIGIBILITY TO OFFICES OF PUBLICK TRUST. 

First : What should render a man ineligible . Q2 

Natural incapacity/ ....... QS 

Criminal incapacity 95 

Sentimental incapacity 100 

Secondly : The parties rejected^ and those luho 

remain eligible 103 

Parties ineligible : 

Atheists and Deists . 104 

Jews ]06 

Roman Catholicks lOQ 

Parties eligible : 

Episcopalians ! , . .110 

Protestant Dissenters Ill 

Protestant Dissenters hold no principles hostile 

to society 112 

They are, from principle, attached to the 

British Constitution ] 20 

and to the House of Brunswick . . .124 

They can give the same Civil security, for the 

discharge ofpuhlick duties, as Episcopalians 1 29 

Present 



TABLE OF CONTENTS. XIX 



Present terms of admission into office . . .137 

Profanation of the Lord' s Supper . . . .139 

^n oath the most defensible condition of in- 
duction into office 140 



ESSAY IV. 

ON LICENSING PERSONS AND PLACES FOR THE PER- 
FORMANCE OF DIVINE WORSHIP. 

First : Political reasons why Meeting-houses 

should he licensed 146 

To prevent conspiracies 147 

To insure obedience to the laius . . . .150 

To protect loyal subjects in the exercise of 

religion . , 153 

Secondly : 
The principles upon ivhich Dissenters apply 
for licenses 156 

JVhat a Dissenter should not expect to de- 
rive from a license : 

Ability to expound Scripture . . . .158 
Authority to preach the Gospel . . , . l6l 
A testimony of qualification to preach . . 170 

What 



XX TABLE OF CONTENTS. 

What a Dissenter should intend by applying 
for a license : 

To give his oath as a pledge of loyalty . .174 

To advance a claim for special protection . 187 

Thirdly : 
Licenses should be granted to any ivhose 

principles are loyal 217 

Ordination is not a subject of the magistrates 

inquiry 218 

To refuse licenses to loyal subjects ivould be 
persecution 223 

A Christian minister may not relinquish his 
charge J though the magistrate should 
refuse to grant him a license 227 

Fourthly : 

The propriety of limiting the privileges of 
licenses . , 243 

The duties of a stationary minister incom- 
patible with Civil and military offices . . 245 

His pub lick services merit exemption . . . 247 

Exemption not equally necessary for preachers 

engaged in secular business . . . .249 

Probable abuses of unlimited exemption . . 25 1 

First 



TABLE OF CONTENTS. XXl 

First proposition, to qualify the case , . .252 

Second proposition 254 

Third proposition 255 



ESSAY V. 

ON THE LIBERTY OF THE PRESS. 

Dissertation on Blackstone's Commentaries, 

ivith extract 25/ 

SECTIOX I. 

On the general uses of the Liberty of the 
Press 262 

The dissemination of knowledge .... 204 

National intellectual improvement .... 265 

The developement of truth 267 

It excites general interest in political trans- 
actions 270 

Constitutes the Publick the final tribunal . . 27 1 

SECTION II. 

On the abuses to which a free Press is 

liable 274 

Profanation of the Divine character . . . . ib. 
The inculcation of infidel principles ... . ib. 

Of 



XXll TABLE OF COJS^TENTS. 

Of heterodox principles .275 

Of corrupt politicks 277 

The extenuation of vice , .278 

SECTION III. 

On the boundaries l>y which the licentious- 
ness of a fr^e Press should be restrained . 28 1 

Sedition ib. 

Libels 288 

The inculcation or extenuation of vice . . . 292 

SECTION IV. 

On the equity of trial and sentence by jury, 

in prosecutions for libels .... 297 

^?7tiquit7/ of trial per paiis ib. 

Impartiality with which causes are decided . . 298 

Prevents the exercise of malignity on the part 
of the judge 299 

Of unconstitutional influence on the part of the 

Crown 303 

Whether the jury should determine the penalty^ 
in criminal as well as Civil prosecutions 
for libels 304 

The period when the Press became properly 

free 307 

Sect 



TABLE OF CONTENTS. Xxiii 

SECTION V. 

On the particular influence of the liberty of 
the Press in promoting the cause of 
Religion 308 

It dispelled the darkness of Papal superstition . SOQ 

Brought the Scriptures forth to publick vieiu . 310 

Is a medium of expounding Scripture accord- 
ing to our own views 313 

It may excite controversy, will produce free 
inquiry, and must ultimately he a means 
of disclosing truth 315 

May excite hostility ; hut truth will prevail : 

See Martin Luther 318 

and the English Puritans 321 

The primitive Nonconformists, when excluded 

from their pulpits, exercised their talents 

in writing works for the press, and have 

almost superseded appeals to the ancient 

Fathers 325 

The freedom of the Press is the grand Palla- 
dium of religious liherty 327 

While the liherty of the Press remains invio^ 
late, the legal rights of Dissenters must he 
augmented, rather than diminished . . .330 



ESSAYS 



ON 



TOLERATION 



Essay I 



ON THE RIGHT OF SOCIETY TO INVESTIGATE THE 
RELIGIOUS PRINCIPLES OF ITS SUBJECTS. 



" Jamdudum quidem, cum animadverteremus non esse cohibeu- 
dam religionis libertatem, sed uniuscujusque arbitrio ac 
voluntati permittendum ut ex animi sui sententia rebus di- 

vinis operam daret. " 

Eusebuis. 



A WORK containing hints on the nature, essay i. 
extent, and Hmitations of an enhghtened 
rehgious toleration, can commence with 
nothing more suitable to the design of 
the writer, and the expectations of the 
reader, than some general observations 
upon the term Toleratmi, 

B The 



2 RIGHT TO INVESTIGATE 

v^f^j^ The word is unquestionably of Latin 
Sthe temi derivation, and has been adopted by us, 
most probably, through the medium of 
the French Tolerance. '' To tolerate," 
says the great English lexicographer, '' is 
'' to allow so as not to hinder, to suffer," 
fill the sense to permit J, '^ to pass uncen- 
" sured." Though these definitions are 
incontrovertibly true, yet they do not ex- 
press all that the term Tolerate seems to 
imply. Nothing can be said to be tole- 
hnpiies rated which we have not a rmhty as well 

right to "^ 

forbid. ^^ ^ power, to prevent or forbid. The 
word, in every application cited by Dr. 
Johnson, supposes the existence of this 
right and power, on the side of the party 
tolerating. It must, indeed, be granted, 
that the possession of the power to forbid 
or hinder, generally, but not necessarily, 
supposes the existence of the right. A 
thief may possess the power to break into 

my 



RELIGIOUS PRINCIPLES. 3 

my house and rob me; and, hence, if he essay i. 
refrained from such violence, he might 
say^ that he tolerated me to live peaceably 
in my own house : but it must be obvious 
to every one, that, in such a case, the term 
toleration would be grossly misapplied. 
For though he has the power to deprive 
me of the peaceable possession and en- 
joyment of my home, yet he has no right 
either to destroy or diminish any of my 
comforts, by the exercise of that power, 
I conclude, therefore, that the word tole- 
ration is misapplied, in all cases, where 
the party who tolerates enjoys nothing 
but the power of hindering : and, fur- 
ther, that the right must exist, in con- 
junction w^ith the power, before we can 
arrogate to ourselves the authority of 
tolerating what we disapprove. A master 
may tolerate disobedience in a servant ; 
a father may tolerate misconduct in his 

B 2 son ; 



4 RIGHT TO INVESTIGATE 

Essay I. son ; but it ncvcr can be said, with any 
degree of propriety, that I tolerate my 
neighbour to think for himself. Now, 

Misapplied if the principles I have laid down be ad- 

to religious 

liberty. mittcd, it must be egregiously absurd to 
speak of one form of religion tolerating 
another, without supposing a natural 
right, as w^ell as an existing power, in the 
one tolerating, to hinder or forbid the 

No such other. That such a right does not ap- 

right pos- 
sessed by pertain to the official character of the 

ministers of 

religion, ministcrs of relirion, but few persons 

nor bv civil n ^ J: 

will feel inclined to deny. Whether it is 
to be considered as forming a constituent 
part of the office of the civil magistrate, 
is yet to be investigated. 

Every liberal-minded man, both in 
and out of the established church of our 
country, must feel thankful to God, that 
the disposition of our civil rulers does 
not lead them to enforce their peculiar 

religious 



nor by civil 
iiilers 



RELIGIOUS PRINCIPLES. t 

^religious sentiments by corporeal tor- essay i. 
tures : but, we presume, this exemption 
from gross acts of persecution furnishes 
no cause for gratitude to man ; since it is 
neither an indulgence which was not to 
be expected, nor a favour that might 
justly have been withheld. Though it ^ 
be a vice of no light shade to be intole- 
rant, yet it is no virtue to permit the free 
exercise of differing modes of worship ; 
any more than it would be, to permit 
a fellow subject to live quietly in his 
own house, and enjoy the fruits of his 
own industry. If, then, a civil ruler 
tolerate, it must be upon the principle, 
that he might forbid or prevent; and 
every one who acknowledges the autho- 
rity of a ruler to tolerate, at the same 
time admits, that, should that ruler feel 
disposed, or imagine it necessary, he has 
a right, either from the nature of his 

office, 



6 RIGHT TO INVESTIGATE 

•Essay I. office, OF the radical principles of the 
social compact, to enforce conformity to 
that which he shall propagate as the na- 
tional creed. But I hope to prove, that the 
authority \vhich the word Tolerate sup- 
poses the magistrate to possess, cannot be 
. defended upon either of these grounds. 

The ma- That the office of the magistrate 

gistrate's 

office does neither requires nor supposes such au- 

not require •*■ -^ J- 

**' thority, will be evident, whether we 

recur to the first institution of civil so- 
ciety, and view his office in its simplest 
form, or contemplate it in that state of 
society, in which the duties of the ma- 
gistrate become more complicated, and 
give a different aspect to the office he 
sustains. 

ori-inof It must bc admitted, that the office 

civil power. 

of the civil ruler could arise only out of 
those mutual compacts and agreements 
into which men entered when they 

began 



RELIGIOUS PRINCIPLES. / 

began to associate into large companies, essay i, 
and form themselves into martial tribes 
for their mutual defence. The power 
of the Chief or leader (which was the 
first form of the magistrate's office) 
could extend only to the general opera- 
tions of the tribe, and the determination 
of suitable punishments for those who 
transgressed the rules of the society. 
The end which the institution of the The objects 

of the for- 

civil power had in view, was the attain- ^T^- ""^ 
ment of some good, which, otherwise, 
could not have been enjoyed, or the pre- 
vention of some evil, against which this 
was deemed the best security. The ad- 
vancement of men's temporal interest 
must, indeed, have been the primary, and 
only object, which could suggest the 
institution of the magistrate's office. 
The nature of his office must, therefore, ofthema^ 

g-istrate's 

be defined by the objects which the office hence 

defined. 

insti- 



8 RIGHT TO INVESTIGATE 

Ess A Yi. institution of civil society had in view ; 
and the duties attached to that office 
rest exclusively on those principles which 
form the basis of the great political 
fabrick. 

AVhat these principles were, is satis- 

Opinionof factorily explained by the learned War- 

Warburton J r J 

""^ ^"^^"^ burton. '' Civil society," says that writer, 

society. J ' J ' 

" I suppose, will be allowed to have been 
'' instituted for the attainment of some 
'' determined end or ends. If so, then 
'' for some, without consideration had to 
'' others ; which again infers the necessity 
" of distinguishing this end from others. 
*'But the distinction can arise only from 
" the different properties of the things pre- 
" tending. But again, amongst all those 
'' things, which are apt to obtrude, or 
'' have, in fact, obtruded themselves on 
''men, as the ends of civil society, there 
''is but one difference in their properties, 

as 



RELIGIOUS PRINCIPLES. 

*^ as ends, which is this : that one of these 
*^ is attainable by civil society only, and all 
'^ the rest are, tuith equal ease, attainable 
'' vnthout it. The thing, then, with the 
'* first- mentioned property must needs be 
*^' that genuine precise end of civil society, 
" And this is no other than the Security 

'^OF THE TEMPORAL LIBERTY AND PRO- 

'' PERTY OF MAN. For this end, as we have 
'' shewn, civil society was invented ; and 
''this civil society alone is able to procure. 
"• Its great, but spurious rival, the salva- 
'' tion of souls, or the security of man's 
'' future happiness, is therefore excluded 
'' from this part of the division. For this 
'' not depending upon outward accidents, 
''or on the will or power of another, as 
'' the body and goods do, may be as well 
'' attained in a state of nature, as in civil 
'' society ; and therefore, on the principles 
''here delivered, cannot be one of the 

causes 




same in the 
advanced 
state of so- 
ciety. 



10 RIGHT TO INVESTIGATE 

EssAYj. «^ causes of the institution of civil society ; 
'' nor consequently one of the ends 
" thereof. But if so, the promotion of it 
" comes not within the peculiar province 
'' of the magistrate."^ 

These du- As to thc morc advanced state of so- 

ties the 

ciety, it must be generally admitted, that 
no duties can attach to the office of the 
magistrate which are incompatible with 
the principles upon which that office was 
instituted, or wiiich entrench upon the 
most perfect enjoyment of personal li- 
berty, while that liberty does not inter- 
Promotion fe^e with thc liberties of another. Now, 
not the ma- as thc promotion of religion formed, ori- 

gistrate's 

province. ginally, no part of the magistrate's pro- 
vince, and, from its nature, as I shall 
afterwards shew, never could fall within 
his jurisdiction, and as all the good reli- 
gion can produce to civil society is best 

attain- 

(1) See JDzV. Le^-. Book IT. sect 5. 



duty, 



RELIGIOUS PRINCIPLES* 11 

attainable when truth is left to make its essay i. 
way by its own light, and when no re- 
straint is laid upon the consciences of 
men, it ought to follow, that even the - 
more complicated duties of the magi- 
strate should not involve the exercise of 
any influence in the promotion of one 
system of religious opinions, to the de- 
triment of another. I do not here mean Promotion 

of morality 

to state, that, in a refined and polished J,^;^,""^^'" 
form of government, the duties of the 
magistrate ought not to embrace • a re- 
gard to publick morality, or a counte- 
nance to religion in general ; for these I 
consider as the firmest bond of social 
union. The only question then is. Can all 
the advantages which religion is capable 
of procuring to the state, be enjoyed 
without the production of those evils 
which have always followed judicial in- 
terference, to suppress one mode, and 

establish 



12 RIGHT TO INVESTIGATE 

Essay I. establish another ? The preservation of 
the morahty of the state, and the peace 
of the individual, are points perfectly di- 
stinct from forms of v^orship and systems 
of religion. I should therefore feel no 
hesitation in answering the question in 
the affirmative. It needs, I apprehend, 
little proof, that, if the attention of the 
civil magistrate were exclusively direc- 
ted to these two points, the preservation 
of morality ( I mean morality in cases 
where immorality v^ould be injurious to 
any of our fellow subjects), and the secu- 
rity of every individual's person, charac- 
ter, and property, all would be done, that 
can be done, without an infringement on 
the rights of some of the subjects, and 
without the admission of a principle 
which I conceive capable of application 
to the worst of purposes ; viz. That, ir- 
respective of any injury my sentiments 

may 



RELIGIOUS PRINCIPLES. 13 

may prove to my fellow subjects, I am essay i. 
deserving of judicial censure, and the in- 
fliction of civil penalty. 

It is incumbent upon me now to sodai com- 
pact con- 
shew, that the authority which the word cedes to the 

magistrate 

Tolerate supposes the magistrate to pos- "^ autho- 

i -T & r nty m reli- 

sess, cannot be defended from the radical ^'°°* 
principles of the social compact. That 
degree of authority which toleration im- 
plies can never be conceded without a 
total surrender of our natural rights ; and, 
if it can be proved that our connexion 
with society does not involve such a sur- 
render of all natural rights, the propo- 
sition I at first laid down must be con- 
sidered well established. 

That man has natural rights which he Some of our 

rights un- 

cannot surrender, while the exercise of alienable. 
reason continues, and which he will not 
surrender so long as he feels himself an 
accountable being, is too obvious to be 

contro- 



14 RIGHT TO INVESTIGATE 

EssAYi. controverted. The free exercise of our 
What these Tcason, in the formation of speculative 

rig'hts are. 

opinions, and perfect Uberty to vi^orship 
God in that mode we may be convinced 
is acceptable, are natural rights w^hich no 
one man can deny to another, v^ithout 
exposing himself, on his own principles, 
to the same loss of natural rights, v^hen- 
ever Providence may advance his degra- 

t ded and fettered neighbour to the posses- 

sion of the sword. 

Opinion of Bi2t it has been asserted by many 

Burke and '' *^ 

Hey stated, ^vrltcrs of thc highcst eminence, that 
these natural rights are altogether re- 
linquished, when we offer ourselves as 
' members of civil society. We surren- 
der into the hands of society, it is said, 
all control over our actions, the moment 
we leave a state of nature ; and for this^ 
in return, we receive the superior and 
more valuable advantages of an established 

govern- 




RELIGIOUS PRINCIPLES. 

government, and a regular administra- 
tion of justice, ^rhis sentiment is main- 
tained, in nearly its full extent, by the 
eloquent Mr. Burke and the learned Mr. 
Hey. '' The rights I can conjecture,*' 
says this latter writer, '' (for it is but 
'' conjecture) to belong to me as a mere 
'' man, are so uncertain, and, comparative- 
'' ly, so unimportant, while the rights I feel 
'^ myself possessed of in civil society are so 
*^ great, so numerous, and many of them so 
" well defined, that I am strongly inclined 
*' to consider society as creating or giving 
'' my rights, rather than as recognising 
*' and securing what I could have claimed, 
*^ if I had lived in an unconnected state." 

That connexion with society necessa- This shewn 

to be incon- 

rilv supposes a curtailment of some of distent with 

•^ -I -L the origin 

our rights, must be readily conceded, by ""^ '^'''^^^^' 
all who contemplate the nature of a civil 
community; but, that the greatest and 

most 



l6 RIGHT TO INVESTIGATE 

Essay I. most Valuable of our natural rights ought 
not to be surrendered to any form of 
government v^hatever, vrill, I conceive, 
appear more fully, if w^e consider that the 
end to be answered by the formation of 
society would be defeated by such a sur- 
render. It is manifest, that society origi- 
nated in a principle of self-love ; we are 
associated for the purpose of securing to 
ourselves the enjoyment of greater good 
than could possibly be realized in a state 
of nature ; and every connexion of a so- 
cial nature that has not this for its object, 
and every institution in civil society 
which does not contribute to promote the 
happiness of the majority of its members, 
is an invention unwise in its formation, 
and baneful in its influence. 



Benefits so- jf rcason bc the noblest gift of the Crea- 

ciety can *-' 

eqSvIieTt tor, if the exercise of our mental faculties 

crificeof and the indulgence of our moral views 



principle. 



RELIGIOUS PRINCIPLES. 17 

and feelings constitute the chief source ^^^J- 
of our happiness, a resignation of them 
must be the forerunner of misery, and a 
prelude to the most abject degradation. 
That union, therefore, ^;\^hich infringes 
upon these, would defeat the object for 
which society was at first established, 
and which alone can justify its continu- 
ance. Society has nothing to offer, which 
could in any degree compensate for a sa- 
crifice so large and momentous. The ad- 
vantages it bestows are but partial, and, 
therefore, never can form an equivalent 
for an abandonment of those rights 
which designate man a rational and ac- 
countable creature. 

All the precedinp; ar2;uments have Reasons 
tended to prove, that neither the nature '^""^"^ """^ 

J- ' possess au- 

of the magistrate's office, nor the princi- reUgSn!'' 
pies on which our social union is formed, 
will justify the use of the term Toleration, 

c in 



18 RIGHT TO INVESTIGATE 

Essay I. in reference to the conduct of governors, 
w^hen they do not oppress nor persecute 
a religion which they disapprove. 

I now proceed to shew the reasons why 
society should not possess the right to in- 
vestigate the religious principles of its sub- 
jects; and why our connexion with society 
should ?iot involve a surrender of the 
rights of conscience to the domination of 
an individual or the whole community. 

Definition Bcforc I procccd to a statement of these 

of religious 

principles, rcasous^ I bcg Icavc to premise, that, by 
religious principles, I mean the judge- 
ments we form, and the sentiments we 
hold, concerning matters of religious be- 
lief; and, in the subsequent part of this 
Essay, I wish to be understood as speak- 
ing of religious sentiments, irrespective 
of their effects on the conduct, and un- 
connected with secular politicks. 

In this view, our religious principles 

can 



RELIGIOUS PRINCIPLES. IQ 

can never be injurious to the commu- essay i. 
nity of which we form a part ; for since ^^.^^^^>' ^^- 

»^ ■»• ceives no 

sentiments are the judgements of our '°"^"'^* 
own mind, and have their origin and 
existence in our own breasts, while they 
continue there unconnected with overt 
acts, they may be said to terminate in 
ourselves ; and whether I bend the knee 
to Moloch, to the Sovereign of Olympus, 
to the Inca of Mexico, to the Prophet of 
Mecca, to the Virgin Mary, to Christ as a 
man, or to the triune Jehovah, I infringe 
upon none of the rights or enjoyments of 
my neighbour, and am, therefore, in no 
degree amenable to the tribunal of political 
justice. Whether I believe, with the 
Ancients, the world to have been eternal, 
or receive the authenticated testimony 
of Moses, that it has not existed six thou- 
sand years, to God I am accountable 
for the belief or rejection of either ; bat 

c 2 against 



20 RIGHT TO INVESTIGATE 

Essay I 



against my neighbour I commit no trespass, 
should I reject both the hypothesis of the 
philosopher, and the testimony of the 
Jewish legislator. I lose no privilege, 
sustain no personal injury, am deprived 
of nothing that is my due, should my 
next door neighbour believe the ludicrous 
tale of Ovid, that Deucalion and Pyrrha 
repeopled the world after the flood, by 
throwing stones over their shoulder ; 
while I believe, that all the present inha- 
bitants of the world descended from the 
family of Noah. Consequently, as society 
receives no injury from a man's belief, it 
can have no right to punish him simply for 
that belief, though it be the most absurd 
imaginable : hence, on the part of the 
magistrate, it is a manifest innovation to 
extort a confession of religious opinions, 
bv anv methods of coercion. 

The official duties of the magistrate 

refer 



RELIGIOUS PRINCIPLES. 21 

refer only to distributive and executive e^ay i. 
justice ; and in this, which is his only ^tvo^the' 
publick ca,pacity, he can on no occasion does not ex- 

tend to 

be appealed to as the oracle of truth, principle. 
Every ratronal mind w^ould revolt at the 
idea of inquiring in the statute books, 
whether the soul be immortal, w^hether 
there shall be a resurrection of the body, 
or wTiether the pains of hell wdll be eter- 
nal : equally absurd would it be to con- 
stitute the magistrate an ecclesiastical in- 
quisitor into that inviolable arcanum of hu- 
man thought, where principle is sacred to 
ourselves and God. As law^s are framed for 
the regulation and well-being of society, 
and the magistrate is nothing more than 
the law in act, or, in the language of 
Cicero ^ ''Dici potest, magistratum legem 
'' esse loquentem ; legem autem, mutuin 
" magistratum," and hence derives his 

whole 

(1) DeLegibus, lib. III. 



22 RIGHT TO INVESTIGATE 

EssAYj. whole power from the law, he cannot 
judicially investigate principle ; since that 
in no case militates against the order and 
^well-being of the community. To pu- 
nish a man with racks and tortures for a 
belief of erroneous sentiments, is, on the 
part of rulers, an assumption of a power 
which they never can derive from their 
legal character as the ministers of justice, 
and which, from the nature of the case, 
never could be conceded to them. To 

Evils that commit into the hands of the magistrate 

would arise 

from such thc powcF of scrutiuizing principle, and 

authority. 

punishing for sentimental delinquency, 
would be to invest him with an unlimited 
degree of authority, liable to the most ex- 
travagant abuse ; and to surrender, on 
our part, the independence of reason, the 
decisions of judgement, and the dictates 
of conscience. 

The shades of religious principle in the 

mind 



RELIGIOUS PRINCIPLES. 23 

mind are so various and indefinite, that, to essay i. 
constitute the magistrate an inquisitorial 
casuist, would be to encumber the con- 
science of a good ruler with perplexing 
doubts and painful remorse ; or, to open 
in a bad one a fruitful source of licenti- 
ousness, tyranny, caprice, and malignity. 
Nor should it be forgotten, that we are 
constitutionally incapable of relinquishing, 
in any case, our convictions of truth. 
Principle alone can counteract principle ; 
truth alone can banish error from the 
mind: and, hence, our religious prin- 
ciples will always depend for their rec- 
titude and purity, not upon the laws of 
our country, and the decisions of go- 
vernors, but upon the degree of light in 
our understandings. 

Again : To rest religious sentiments it wouu 

suppose the 

upon the decisions of the civil map;i- ma-istrate 

^ ^ infallible. 

strate, would be to suppose in him an 

infallible 



24 ^ RIGHT TO INVESTIGATE 



iAV I. 



infallible judgement, in all cases of truth 
and error ; for if the person, to whom 
we are to render an account, be as liable 
as oursehes to form an erroneous opinion, 
there would be a most glaring impro- 
priety in investing him with a power to 
punish, in a case where he has no supe- 
rior capacity of judging : and, upon the 
supposition that he may, sometimes, give 
a wrong decision, he, ^^ho should be 
judge, ought to incur the penalty as the 
delinquent. Penal laws, and the execu- 
tive power of the magistrate, have their 
origin in the voice of the people ; they 
can prove no supernatural derivation; 
they are dignified by no apostolic origin ; 
they exhibit none of the usual marks of 
divine communications : and, therefore, 
it must be the height of presumption in 
governors, fallible as their subjects, to 
enforce such laws as, in any degree, in- 
fringe 



RELIGIOUS PRINCIPLES. 25 

fringe on the rights of conscience. Well ^^^ '• 
might the persecuted subject retort on 
the presumptuous ruler : '' First cast out 
'' the beam out of thine own eye; and 
'^ then shalt thou see clearly to cast out the 
'' mote out of thy brother's eye^" Shall 
he, who but yesterday was himself a sub- 
ject, and stood on the same level as others, 
be to-day constituted an oracle of religious 
belief, and prescribe a creed for his 
neighbour ; or imperiously dictate to the 
conscience of him who was lately his 
class-mate in the school of literature, and 
who was never accustomed to view him 
as his superior, till he was dignified with 
the awful insignia of office ? 

It is, further, worthy of observation, it would 

. , . ... transfer the 

that, to constitute the magistrate a judge responsibi- 
lity from 
in matters of religious belief, would theindivi- 

dual to the 

transfer ^i^^i^^ier. 

(1) Matt.vii. 5, 



26 RIGHT TO INVESTIGATE 

Ess AYj. transfer the responsibility attaching to the 
religious sentiments of each individual, 
to the person of the civil ruler, and make 
him an intermediate person between the 

This Avouid subject and God. That every individual 

be incon- *^ "^ 

Jod'fnrrai ^^ rcsponsiblc to God for his transactions 
Si7n™' in this probationary state, must be univer- 
sally admitted, by all who receive the 
Scriptures as a criterion of faith and a rule 
of obedience : '' He that believeth, and is 
^^ baptized, shall be saved ; but he that be- 
^^ lieveth not, shall be damned S" is the de- 
cision of Him, who '' spake as never man 
'' spake:" and, again, it is written, ''We 
^' must all appear before the judgement 
'' seat of Christ, that every one may receive 
'' the things done in his body, according to 
'' that he hath done, whether it be good 
'' or bad^:" and, finally, our Lord, after 

descri- 

(1) Markxvi. 16. (2) 2Cor. v. 10. 



RELIGIOUS PRINCIPLES. 

describing the nature and transactions 
of the general judgement, pronounces, 
'' And these," the wicked, '' shall go away 
*^ into everlasting punishment; but the 
'^ righteous into life eternal'^." All these 
Scriptures pre-suppose, that every indivi- 
dual is an accountable being : he pos- 
sesses understanding, will, and conscience ; 
and the free exercise of these faculties ren- 
ders him accountable to the Author of his 
existence, for the abuse or improvement of 
every power with which he is endowed. 
In coincidence with this sentiment, 
Jeremiah saith, '' They shall say no more, 
''the fathers have eaten a sour grape, and 
'' the children's teeth are set on edge : But 
'' every one shall die for his own iniquity ; 
'' every one that eateth the sour grape, his 
''teeth shall be set on edge*." But, if the 

civil 




(3) Matt. XXV. 46. 



(4) Jer. xxxi. 'IQ, 30. 



28 RIGHT TO INVESTIGATE 

essayI. civil ruler, or the legislative body, pre- 
sumes to enforce articles of faith, or 
forms of divine worship, the accoimta- 
bleness, which would devolve upon the 
individual, must be transferred to those, 
whose decisions he is necessitated to 
obey. By such an assumption, the ruling 
power supersedes the free exercise of 
understanding and judgement in the in- 
dividual ; compels his will to act con- 
trary to its original bias ; and suppresses 
the dictates of conscience by the indefi- 
nite dogma, ' That magisterial authority 
' is a power derived from God, and, con- 
' sequently, never to be resisted/ But, 
surely, none will venture the assertion, 
that rulers are to interpret Scripture ac- 
cording to their own views or conveni- 
ence, and annex penalties to the rejection 
of these views of its import; and yet, 
that, ultimately, the responsibility must 

devolve 



RELIGIOUS PRINCIPLES. 2Q 

devolve upon the individual, although he ^^* 
was decreed incompetent to decide for 
himself. And, if it be admitted, that J^'^'f?' 

^ ^ then takes 

those, v^ho prescribe a creed, or define place^t^the 
the forms of worship for their fellow heaven. 
creatures, must stand in the gap between 
their subjects and God, to answer for the 
consequences arising out of those pre- 
cepts, to which they exacted obedience ; 
how small is the number of rulers, who 
shall enter the kingdom of heaven ! 

In almost every age, some important 
alteration has taken place in national 
forms of religion : and, often, the lapse 
of a few years has seen systems, diame- 
trically opposite, alternately rise and fall ; 
while, under each decision of the go- 
vernment, penalties have been annexed to 
nonconformity. Now, as all could not 
be right, doubtless those who were in 
an error, as they inflicted punishment 

upon 



i 



^ 



30 RIGHT TO INVESTIGATE 

Ess AYj. upon dissentients from their creed, must 
themselves be the subjects of punish- 
ment, under the sentence of unerring 

Situation of Justicc. Trulj awful, then, is the case 

rulers in 

this view of those, who, in any ap-e, have assumed 

truly awful, ^ to ^ 

the regency of conscience ; w^hether it be 
Nebuchadnezzar, who commanded to 
worship his god of gold ; or Nero, who 
required adoration to the pagan deities ; 
the Popes, who arrogated divine honours 
to themselves ; or Henry the Vlllth, 
Elizabeth, and the Stuarts, who enjoined 
conformity to the English Episcopal 
Church : they all tacitly constituted 
themselves responsible to God for the na- 
ture and consequences of the creed pro- 
fessed by their subjects, through ordaining 
what that creed should be; and thus 
rendered themselves intermediate between 
their subjects and God, 

It would be wise in princes, or legisla- 
tive 



RELIGIOUS PRINCIPLES. 31 

tive assemblies, to pause, and inquire into ^^• 
the extent of that responsibihty, which ^^^l^^^^^ 
they vokmtarily incur, before they yen- tlJeaslX^. 

. J- J tionofsuch 

ture to make the awful experiment, lie, authority. 
who well knew the yalue of the human 
soul, because He had both created and re- 
deemed it, testifies, that a man is not 
profited by the exchange, '' if he gain the 
'' whole world, and lose his own souP." 
Hence, we haye an illustration of Dayid's 
observation : '' They that trust in their 
*' vv^ealth, and boast themselyes in the mul- 
'' titude of their riches, none of them can, 
'' by any means, redeem his brother, or 
^' giye to God a ransom for him ; for the 
'^ redemption of the soul is precious^: "and, 
if the yalue of a human soul be incalcu- 
lably great, who will dare to incur respon- 
sibility for him, whose redemption price 
he neyer can pay ? If the guilt of one 

soul 

(1) Markviii. 3^. (2) Psalm x]ix. 6, 7,, 8. 



32 



RIGHT TO INVESTIGATE 



£l!tl3' ^^^^ ^^ ^^^ great for his fellow creature 
ever to atone for, what act of presum- 
ption can equal that^ of prescribing a na- 
tional creed, or national forms of wor- 
ship ? If the prescribed form of belief 
be not such as God approves, it will be 
\ found unavailing in the business of man's 

salvation : and, hence, those who de- 
mand assent to that form of belief, tacit- 
ly invoke, upon their own heads, the 
guilt of all from whom conformity is 
exacted. Now, if the iniquity of one 
soul be great beyond computation, w^hat 
must be the amount in guilt of seven 
millions of souls, if they should all be 
taught, confirmed, and compelled to re- 
main in an error, by the voice and the 
penalties of legislative authority? 

But, to obtain a yet more accurate 
idea of that responsibility, which must 
attach to the governors, who assume the 

regency 



The respon 
sibility 
would be 
infinite. 



RELIGIOUS PRINCIPLES. 33 

regency of conscience, let us multiply essay l 
the number of individuals in the nation^ 
by all the generations in which these 
laws have operated ; and, by this exten- 
ded view of the subject, we shall be led 
clearly to apprehend the propriety of 
Isaiah's sublime anticipation of the tre- 
mendous overthrow of the Babylonian . 
tyrant. 

Let us contemplate the extent of 
Nebuchadnezzar's dominion, compute 
the number of persons over whom he 
reigned, reflect upon the guilt of idol 
worship, and then hear it proclaimed by 
the authority of that imperious monarch : 
'' To you it is commanded, O people, and 
*' nations, and languages, that, at what 
*' time ye hear the sound of the cornet, 
'^ flute, harp, sackbut, psaltery, dulcimer, 
" and all kinds of musick, ve fall down 
'' and worship the golden image that 
D " Nebu- 



34 IlIGHT TO INVESTIGATE 

Es^AV I. '^ Nebuchadnezzar, the king, hath set 
'' up : And, whoso falleth not down and 
'' worshippeth, shall, the same hour, be 
'' cast into the midst of a burning, fiery 
'^ furnace \" 

From inspecting the character of the 
proud and despotick father, let us turn to 
contemplate the conduct of his impious 
grandson, Belshazzar ; and say, whether 
the circumstances of the case do not 
fairly warrant the language of the pro- 
phet, in reference to either ? '' Hell 
" from beneath is moved for thee, to 
'' meet thee at thy coming : it stirreth up 
'' the dead for thee, even all the chief ones 
^' of the earth : it hath raised up from 
'' their thrones all the kings of the na- 
'' tions. All they shall speak, and say 
"' unto thee. Art thou, also, become weak 



(1) Daniel iii. 4/ 5, 6. 



RELIGIOUS PRINCIPLES, 35 

*' as we ? art thou become like unto ns ?" essayi. 
.....'' How art thou fallen from heaven, 
*^ O Lucifer, son of the morning ! how 
'' art thou cut dovvn to the ground, 
*^ which didst weaken the nations^! " 

With one observation more, we con- Truth and 

conscience 

elude the present essay. The natural areungo- 

J- »' vernanle by 

influence of truth upon the mind, can odsofco^r- 
never be counteracted by suffering ; nor 
the operations of conscience be governed 
by any methods of coercion. 

Torture, or even penalties of an infe- it^vouid 

-*- onlv uiake 

rior description, may make men hypo- ^yp^^"^^^- 
crites ; but never can make them sincere 
believers of our creed, nor compel them 
to relinquish their own. If a tyrannical 
prince were to demand my assent to the 
proposition, that the product of ten, 
multiplied by five, would be forty ; my 

conviction, 

(2) Isaiah xiv. 9, 10. 12. See Henry: also Viti'inga in loc. 
D 2 



36 RIGHT TO INVESTIGATE 

EssA^. conviction, that the true product will 
amount to fifty, must remain immutable 
within my own breast, whether I an- 
^vered his requisition in the negative 
or the affirmative. Or, if the mathema- 
tician w^ere required to believe, that two 
angles of a triangle are equal to two 
right angles, he might, through fear, 
assent to the proposition,, but could 
never be induced. By any description of 
penalties, to suppose it demonstrable. 

Illustrated Galilco was imprisoned by Pope Urban 

%y Galileo. 

VIII, for asserting the fact, that our 
earth travels round the sun ; and, after 
suffering many hardships, during five 
years' im^prisonment within the walls of 
the Inquisition, he recanted his profession 
of faith in the Copernican system, and 
accommodated his theory to the will of 
the pontiff^: but, doubtless, Galileo's 

conviction 

(1) See Collier's Dictionary. 



RELIGIOUS PRINCIPLES. 3/ 

conviction of this grand astronomical e?sav i. 
truth remained invariable ; nor vv'ould all 

the tortures of the Inquisition have efrec- 

J. 

ted any change in his opinion, to the 
latest period of life : and, is it not pro- 
bable, that every kind of racks and tor- 
tures, with ^^hich the Inquisition was 
furnished, would have proved equally ^ 
ineffectual, had it been a question upon 
the divinity of Christ, or the doctrine of 
transubstantiation ? 

The Jews have been severelv perse- BytheJew^ 

- -•- iu Portugal. 

cuted in Portugal; yet vain has been 
this ill-judged attempt at their conversion : 
they reside and multiply in the countrv ; 
many of them assume the name of 
Christians, while they sincerely hate both 
the Author and professors of the Christian 
faith; and, in their expiring moments, 

receive the seal of circumcision ^. 

As 



(2) See Note L 



38 HIGHT TO INVESTIGATE 

wtl3* ^^ ^ final proof of the proposition, 

that the influence of truth and the dic- 
tates of conscience are totally ungovern- 
able by any methods of coercion, let us 
observe the nature of the commission 
given by Christ to the Apostles, and 
mark its effects in the world : " Go ye 

B^ the ^^ into all the world, and preach the 

spread ot ^ -*- 

inti^'^SIt '' Gospel to every creature ^" saith our 
churchr Lord. They were a company of un- 
learned men ; without property, in- 
fluence, or arms ; few in number ; and 
generally execrated : their enemies w^ere 
potent, numerous, rich, and learned : yet, 
as their cause was that of Truth, they 
eventually prevailed. Upon the highest 
calculation of their numbers, they were 
about Ave hundred persons, matched 
against the whole world. The wit assailed 

them 



(l) "w'arkxvi. 15. 



RELIGIOUS PRINCIPLES. SQ 

them with ridicule; the man of learning essay i. 
laboured to refute their doctrine by his 
logick ; princes strove to extirpate them 
by the sword ; but, under every species 
of persecution, '^ the word of God grew 
'' and multiplied^." The truths which 
they were engaged to promulgate, were 
addressed to the understanding : through 
the medium of this faculty the opinion of 
the judgement was formed : upon the 
decisions of judgement, conscience acted : 
the will was brought to acquiesce, and all 
the affections were interested by the 
subject : hence, every attempt to coun- 
teract the progress of Christianity proved 
abortive ; Herod drew the sword in aiso 
vain; Nero, Domitian, Nerva, Trajan, ages.' 
Adrian, Marcus Aurelius, with all their 
competitors in acts of hostility against the 

religion 

(2) Actsxii. 24. 



m suc- 
ceeding: 



40 RIGHT TO INVESTIGATE 

EssAYj^. religion of the cross, " laboured in vain^ 
''and spent their strength for nought :" 
they menaced the professors of the 
Christian faith ; they slew them by thou- 
sands and tens of thousands ; but truth 
continued to win its way in the world ; 
it ^^as speedily diffused through the 
Roman and Persian empires ; in Asia, 
numerous churches were planted ; Africa 
heard its joyful tidings ; and in every 
place, where the standard of Messiah 
was erected, many of the heathen en- 
listed into his service. After numerous 
attempts had been made, by the confede- 
rated powers of earth and hell, to ruin 
the cause of Christ, it became prover- 
bial, that ' The blood of the martyrs 
' proved as the seed of the Church,' 
Happy had it been for mankind in gene- 
ral, if rulers had followed the discreet 
advice of Gamaliel to the Jewish San- 
hedrim ! 



RELIGIOUS PRINCIPLES. 41 

hedrim ! *^ Refrain from these men, and Essay l 

'' let them alone ; for, if this counsel or 

'' this w^ork be of men, it will come to 

'' nought ; but, if it be of God, ye cannot 

^' overthrow it ; lest, haply, ye be found 

'' even to fight against God\" 

(l) Actsv, 38, 39. 



42 



Essay II. 



Essay IL 



ON SPECIFICK LIMITATIONS TO THE EXTENT OF AN 
ENLIGHTENED RELIGIOUS TOLERATION. 



The free aud happy civil constitution of this country knows 
no heretick but a disturber of the peace." 

Robhison's Ecclesiastical Researches. 



X^ ROM the arguments already adduced 
in the preceding essay, w^e learn, that 
sentiment, while it remains in the breast 
of the individual, is not a proper subject 
of the magistrate's investigation; conse- 
quently, all laws which sanction the 
application of torture to obtain a confes- 
sion of our creed, and those which enact 

penalties 



LIMITATIONS TO RELIGIOUS TOLERATION. 43 

penalties against the party from whom essay ii. 
confession is extorted, are gross innova- 
tions upon the first principles of our 
nature, and subversive of those funda- 
mental articles of reciprocal advantage, 
that form the basis of our coalition. But 
when principles are voluntarily professed, 
it becomes the province of government 
to inquire, how far they are compatible 
with the political welfare of the commu- 
nity, and to mark the precise point at 
which they begin to militate against the 
general good. 

Under this view of the subject, I am Exceptions 

should be 

led to state three descriptions of religious *^'^e°' 
sentiments, which furnish, I conceive, 
just ground to except against a universal 
and unlimited toleration. 

We may here assume it as a principle First: ^ 

against 

needinp; no proof, that every man should those who 
be liable to a criminal prosecution, who 

publickly 



extenuate 
vice. 



44 SPECIFICK LIMITATIONS 

Essay II. publicklj ciideavours to extenuate the 
turpitude of those acts, Tvhich miUtate 
against the peace and concord of society, 
or pervert the ends of its formation. 
The crimes of suicide, murder, adultery, 
theft, perjury, and profane swearing^ are 
pubhck evils, arid mostof them essentially 
beyond the aggressor's ability to atone for, 
and equally above the nature of a com- 
promise. Consequently, should any man 
publish to the vrorld a system of Theo- 
logy, so lax, as to sanction vice under any 
of these modifications, it would become 
the duty of the magistrate to apply a 
coercive remedy for the suppression of 
sentiments, so hostile to the tranquillity 
of the state, so inimical to domestick 
happiness, and so directly tending to 
imiversa] anarchy. 

Those 

(1) See Note XL 



TO RELIGIOUS TOLERATIOISf. 45 

Those persons also should be excluded essay ii. 
from the benefit of a free toleration, the secondly.- 

against 

publication of whose religious principles exdteTe-^ 
tends to excite a spirit of resistance 
against the ruling powers. 

History records the wild enthusiasm 
of various religious sects, whose princi- 
ples and transactions justly incurred the 
severe reprehension of the civil power : 
and were similar cases to occur in our 
own day, every loyal subject would rea- 
dily assent to the exertion of force 
for their suppression. Nor could any 
man, who has the peace and welfare 
of the community in view, for a mo- 
ment maintain, that those who inculcate^ 
as well as those who practise resistance 
against the state, should not be liable 
to suitable punishment. 
What I have here stated, must not, how- Right to 

, . ' t r ^ resist op- 

ever, be construed into a denial of the pressionnot 

denied. 

right. 



46 SPECIFICK LIMITATIONS 

Essay II. right, OH the part of the people^, to resist 
tyrannical rulers, and liberate themselves 
from the oppressive bonds of unjust 
governments : for it is only on this ground 
that we can justify the spirited conduct 
of our forefathers, in their struggles 
against the oppression of the House of 
Stuart, and in their advancement of the 
ilkistrious House of Hanover to the Bri- 
tish throne. Such a right, how^ever, on 
the part of the people, is totally distinct 
from their religious sentiments, and 
should never sanction the propagation of 
seditious views, under the garb of 
rehgion. Though I maintain the right of 
the people to resist, yet that resistance 
can be justified only by the peculiar 
emergency of the case. It can never be 
a principle of any government, that resis- 
tance to that government is just and 
lawful : it cannot therefore be admitted, 

that 




TO RELIGIOUS TOLERATION. 

that those rehgious sentiments, which 
permit and inculcate resistance, are to be 
tolerated : hence we must concede, that 
this right of resistance on the part of the 
people should form no article of reli- 
gious toleration, and that the magistrate 
should be possessed of a power to sup- 
press those sentiments, which, under the 
semblance of piety, diffuse sedition. 

But here it is necessary to draw a line sentiments 

capable of 

of distinction, between those sentiments p^^je^^i^n 

^ disting-uish- 

which are simply capable of being prosti- those^'neces- 

. sarily sedi- 

tuted to seditious pm'poses, and those tious. 
which involve that consequence as a 
legitimate and necessary result. Those 
persons who profess sentiments of the 
former description may be observed by 
government with an eye of jealousy; 
but it would be manifestly unjust to lay 
them under penal laws, as the chastise- 
ment must be inflicted upon the bare sup- 
position, 



48 SPECIFICK LIMITATIONS 

^^^L5' position, that their sentiments are capable 
of being perverted to encourage a spirit 
of resistance against the powers of legis- 
lation : but those of the latter class should 
be suppressed by penalties, as the only 
effectual method of preventing those ca- 
lamities, which v^ould inevitably result to 
society in consequence of their promul- 
gation. To illustrate this distinction, 
I may refer to two sects, delineated in 
Ecclesiastical History. 

The creed Thc Quakcrs believe the Scriptures to 

of the 

Quakers bc of diviuc authoritv, and p:iven by the 

capable of -^ ^ *^ 

perversion, inspiration of God, through holy men : 
'' Nevertheless," says Penn, '' because 
"^ they are only a declaration of the foun- 
'' tain, and not the fountain itself, they 
" are not to be esteemed the principal 
^' ground of all truth and knowledge, nor 
^' the primary rule of faith and manners : 
'' yet, because they are a true and faithful 

'' testimony 



TO RELIGIOUS TOLERATIONS. 4^ 

•^ testimony of the first foundation, they essay ii. 
'' are and may be esteemed a secondary 
'' rule, subordinate to the Spirit, from 
'' whom they have all their excellence 
'' and certainty^" It may be questioned, 
whether, as the necessary consequence 
of this principle, the Quakers be not left 
destitute of any definite, perfect, and im- 
mutable rule of conduct ; and, therefore, 
whether he, who to-day only refuses 
tithes to the vicar, may not to-morrow 
resist the claims of his sovereign ? 

Another prominent feature of this 
society is, their implicit confidence in 
those emotions, which they conceive to 
result from the supernatural agency of 
the Holy Ghost.^ Here, again, the most 
mischievous effects might, possibly, arise 

out 



(1) See Note III. 

(2) See Note IV. 

E 




SPECIFICK LIMITATIONS 

out of a sentiment so intimately allied 
to enthusiasm. It would be impious to 
dispute, that the promise of Christ has 
insured to his people a continued expe- 
rience of the Spirit's agency : but He, who 
said, '' I will pray the Father, and he 
" shall give you another comforter, that 
" he may abide with you for ever ;" and. 
'' When he, the Spirit of truth, is come, 
'' he will guide you into all truth ;" also 
said, " Search the Scriptures ; for in them 
'' ye think ye have eternal life, and they 
" are they that testify of me." Now, 
admitting the doctrine of divine agency 
on the mind of man, but rejecting that 
of the infallibility of the Scriptures, and 
their paramount claim upon our obedi- 
ence, we open wide those flood gates^ 
which, may speedily inundate the nation, 
and perhaps the world, with every species 
of enthusiasm. If the Scriptures be not 

the 



TO RELIGIOUS TOLERATION. 51 

the prescribed rule of our conduct, every essay n. 
delusion, which a \srarm imagination may 
suggest, is liable to be mistaken for im- 
mediate inspiration ; and, if directed into 
a political channel, would portend the 
subversion of all peace, order, and recti- 
tude, in the several departments of society, 
Tet, as principles may be variously con- 
strued, and as the principles of the 
Quakers do not bear directly to such 
consequences, it would be an act of high 
injustice in the legislature to anticipate 
these consequences as a necessary result, 
or to suppress the proselyting efforts of 
Quakers, under the pretext of the bare 
possibility, that their political sentiments 
may one day assume a new aspect, in 
perfect coincidence with the same radical 
principles that are, at present, the basis 
of their faith. 



But 



52 SPECIFICK LIMITATIONS 

Essay ih But wc tum from sccts of this descrip- 
tion, whose religious tenets are simply- 
liable to political abuse, to those, w^ho 
avow sentiments breathing a spirit of op- 
position to the existing government. For 
an appropriate illustration under this par- 
ticular, I may refer to the doctrines and 
proceedings of the Fifth Mo7iarchy Men. 

The creed Tliis scct arosc spccdily after the death 

of the Fifth ^ ^ / 

Monarchy of Isjiu^ Charlcs thc First ; and, during: 

Men neces- 

sariiy rebel- |-]^g rcig-ns of thc Protcctor and of 

hou&. o 

Charles the Second, carried on with 
enthusiastick devotion their abominable 
machinations against the state. They 
expected the immediate appearance of 
Christ upon the earth, to establish a 
universal monarchy : they regarded all 
Princes as usurpers : they conceived 
themselves to be called by God to reform 
the world : they pretended, that, as in- 
struments, they were to subjugate all 

earthly 



TO RELIGIOUS TOLERATION. 53 

earthly powers to the dominion of King essay il 
Jesus : and that their s^word must never 
be sheathed, till the object of their com- 
mission was completed, and the carnal 
powers of the world vv^ere become a 
hissing and a curse among rnen. 

Under the influence of this infatuation, Their atro- 
cious con^ 

which aimed at the subversion of all human '^''''^' 
government, thej concerted the destruc- 
tion of the Protector : this was to have 
been effected by exploding a quantity of 
gunpowder under the chapel at Whitehall. 
They afterwards plotted the destruction of 
his son Richard: and in sixteen hundred 
and sixty one, speedily after the restoration 
of King Charles the Second, they raised a 
serious insurrection in the heart of Lon- 
don. On Lord's day, the sixth of January, 
they marched out of their JMeeting House 
in Coleman Street, vociferating, '' No 
'' King hut Christ!'' who would, as they 

presumed. 



54 specifiCk limitations 

Essay ii. presumed, immediately come down and 
head them. IManj persons were slain by 
them in the publick streets at noon-day; 
and when Sir Richard Brown, the lord 
mayor, led against them some files of the 
trained bands, they maintained the contest 
with indescribable fury. Bishop Kennett 
observes, '^ They fought with a courage 
^^more brutish and devilish than was 
*' ever seen in men ; and, if their numbers 
^' had been equal to their spirits, they 
'' would have overturned the city, the 
*^ nation, and the ^\^orld^" These men, 
under the influence of an over-heated 
imagination, vainly projected the esta- 
blishment of a universal monarchv in the 
person of Him, who declared, ^' My 
'^ kingdom is not of this world :" and, 
as a consequence of their temerity, their 

lives 

(l) See Kennett's Chronicle. 



ments. 



TO RELIGIOUS -TOLERATION. . 55 

lives were oiFered up a sacrifice to publick ^^^^• 
justice^. 

Were sentiments of this description to Duty of the 

magistrate 

be promulgated in the present day, it g^^fg^^.^^! 
would be wise in the legislature to impri- 
son those who taught such principles, or 
take sufficient securities for their desisting 
from the practice ; and, also, to annex 
severe penalties to the propagation of all 
doctrines, so grossly subversive of the 
peace of society, and the authority of the 
civil magistrate. In this case, it would be 
impolitick to await the consequences of 
tolerating such enthusiasts, and to punish 
only for the breach of the peace : for, as 
such sentiments inevitably tend to level 
all ranks in society, it is requisite that the 
principle should be suppressed, before so- 
ciety actually realizes its levelling horrors : 

as 



(2) See Note V. 



56 



SPECIFICK LIMITATIONS 



EssAYii. ^s it aims to destroy the authority of 
rulers, it immediately becomes the pro- 
vince of rulers to guard against its 
consequences, and, if possible, to anni- 
hilate the principle: as it maintains that 
the will of every individual is the sole 
criterion of all his actions, it becomes 
politick for the majority of individuals in 
the comm.unity, or, in other words, the 
voice of the legislature, to prevent the 
portentous consequences, by forbidding 
the promulgation of the sentiment, rather 
than exclusively to punish for the caU- 
. mitous effect. 

Thirdly : Further : an enlip^htened toleration 

exceptions ^ 

apiust must except ag:ainst all persons, whose 

those who x n ± ^ 

felurity. sentimcnts, upon religious topics, with- 
draw from the community those sacred 
pledges which constitute the bonds of 
the social compact. 

Of this description is the Atheist, who 

denies 



TO RELIGIOUS TOLERATION. 5/ 

denies the existence of a God; the Deist, ^ff^^^- 
who can form no definite idea of the 
divine moral character ; and the Roman 
CathoKck, v^ho maintains, that, after 
oaths have been taken with all possible 
solemnity, the dispensing power of the 
Pope can nullify their obligations. 

In our courts of judicature, evi-dence is Nature of 

an oath. 

received upon the oath of the witness ; 
vv^hich presupposes that an oath is sacred 
with his conscience. Upon this principle, 
none of the persons, just enumerated, 
should be admitted to give evidence in a 
court of justice ; for, in the mind of 
each of these characters, the sacred na- 
ture of an oath, and its binding qualities, 
are destroyed by the fundamental princi- 
ples of his creed ; and thus, as a tie upon 
conscience, his oath is rendered nugatory. 
An oath is a solemn appeal to the Deity, 
as a witness of our veracity in some fact 

asserted ; 



58 SPECIFICK LIMITATIOj^S 

^l!f Li3' asserted ; or, of our sincere determination 
to fulfil a promise made ; and, at least, 
tacitly imprecates his vengeance in case 
of falsehood ^ 

The But, by whom can the Atheist swear ? 

Atheist. -^ 

He denies the existence of a God; and, 
hence, he evades the influence of con- 
science. Now, if there be not a supreme 
arbiter of human affairs, to whose om- 
niscience we can refer, as knowing all 
our transactions ; to whose inflexible 
justice we may appeal, to reward or 
punish, according to our integrity or 
falsehood; and in whose omnipotent 
power we may confide, for the execution* 
of the decree that his justice shall 
issue ; an oath is an unmeaning farce, 
and possesses no binding qualities^. 
Upon the man, who professes sentiments 

so 

(1) See Note VI. (2) See Note VII. . 



TO RELIGIOUS TOLERATION. 5Q 

SO subversive of morality, we have no tie, ^f^^^- 
but the fear of human vengeance ; and, if 
that can be eluded, he will feel at liberty 
to perpetrate any crime that may appear 
convenient, for the promotion of self- 
interest. Present advantage remains his 
only stimulus in every action of life ; 
consequently, he may be a knave, a syco- 
phant, a hypocrite, or a murderer ; yet, 
all in character^. 

Again : the Deist should not be admit- The Deist, 
ted to give evidence ; for, by what sacred 
powxr can he swear ? He denies the au- 
thenticity of the Scriptures ; consequent- 
ly, his oath by the New Testament is no 
more binding than if it ^were s^^orn by 
the Iliad of Homer. If he sw^ear by the 
God who made all things, his indefinite 
notions of the Divine perfections destroy 

the 

(3) Vide Puffendorf, lib. III. cap. iv. sect. 4. 



6o 



SPECIFICK LIMITATIONS 



EssAYii. the solemnity of the act. The goodness 
of God is rendered paramount to every 
other perfection ; it annihilates his vin- 
dicative justice ; it constitutes Mercy 
little less than the patron of vice ; it 
presents a general licence to sin ; and 
doubtless, among others, for the sin of 
perjury. 

These remarks are grounded upon the 
presumption, that he believes in the 
doctrines of man's immortality, and of a 
superintending Providence ; but, if these 
be rejected, his licence to sin becomes 
yet more extensive. As no crimes are 
punished after death ; as no virtues are 
rewarded in another world ; as there is 
not a superintending Providence, to afford 
examples of judicial wrath in this life ; 
the advocates of Deism are reduced to 
nearly the same broad level of licentious- 
ness, as the avowed Atheist. Who then 

would 



TO RELIGIOUS TOLERATION. 



61 



would receive the oaths of such men, in ^^^^^^' 
testimony against their fellow subjects ? 
Perfidy might be cherished, without en- 
during the stings of conscience : bribes 
may be taken, without com.punction : 
perjury may be committed, without the 
pain of rem.orse. If the Being by v/hom 
we swear be acknowledged a nonentity, 
our oath is rendered void ; or if, by an 
absurd conception of the nature of his 
attributes, we destroy the idea of being- 
subjected to punishment for our crimes, 
we may continue with impunity in the 
practice of atrocious w^ickedness ; and 
society can have no other security for 
our observance of the general principles 
upon which we are confederated, than 
that which arises out of the penalties 
annexed to delinquency ^ 



I 



pro- 



(1) See Note VIII. 



62 



ESSAV II. 



The Roman 
Catholick. 



SPECIFICK LIMITATIONS 

I proceed next to prove, that the oath 
of a Roman Cathohck also ought to be 
rejected. 

He beheves, that the priest, or at most 
the Pope, is amply qualified to absolve 
him from all his sins^ ; and, hence, if he 
can escape punishment from the existing 
laws of his country, he may practise 
iniquity in its grossest forms, his con- 
science may be cleansed from guilt by an 
act of absolution, and his soul be deli- 
vered from perdition by a small gratuity 
to the holy father. Here, then, an induce- 
ment is offered to the mind, to perpetrate 
many sinful actions, as interest or in- 
clination may dictate. Perjury may be 
committed at any convenient opportunity, 
without horror of its nature, or anxiety 
for its consequences ; since all the guilt 

thus 

(1) See Note IX. 



TO RELIGIOUS TOLERATION. 63 

thus incurred may be expiated, at no ^^^jJjS' 

great expense. 

As the fundamental principles, upon 

which an oath is considered inviolably 

sacred, are destroyed by the tenets of the 

Atheist, the Deist, and the Roman Ca- 

tholick, it would be grossly absurd to 

receive the oath of either, in confirmation 

of any fact under judicial investigation. 

But, while I protest against tolerating The Mo- 
ham meiian 
the characters already specified, I would and the Jew 

can give a 

receive the evidence of a Mohammedan, ^^^^^s^- 
either in a civil or a criminal case; be- 
cause, if he swear by the Koran, his oath 
will be sacred, and his testimony that of 
inviolable truth^. Upon the same prin- 
ciple, I would receive the oath of a Jew ; 
for, if it be sworn by the Jewish scrip- 
tures, it is permanently binding ; and no 

power 

(2) See Note X. 



64 



SPECIFICK LIMITATIONS 



Essay II. 



Atheists 
and Deists 
not to be 
prevented 
from pro- 
pagating 
their senti- 
ments. 



power on earth can absolve him from its 
obhgations. 

A question of magnitude here presents 
itself for solution. Should Atheists and 
Deists be allowed publickly to inculcate 
their sentiments ? We presume that their 
sentiments are intrinsically evil; yet, as 
they do not directly tend to the subversion 
of civil authority, it would be an unpro- 
voked act of injustice in the civil power 
to resort to coercion, ^while these men 
appeal only to reason. Let them publickly 
teach their sentiments ; let them advocate 
the cause of infidelity: we tremble not for 
the event. The sophistry of infidels can 
never sap the foundation of the temple of 
Truth, nor their hostile attacks shake the 
superstructure. 

It may be argued, that if these tenets 
be an evil of such magnitude, as to con- 
stitute a sufficient reason for rejecting 

the 



TO RELIGIOUS TOLERATION. 



65 



the evidence of men by whom they are ^(^^' "• 
professed, the entire suppression of them 
would be a publick benefit. But, in an- 
swer to this, it may be urged, that, in 
rejecting their testimony, we have ex- 
pressed our opinion of the evil nature of 
their principles with sufficient decision, 
and carried the act of suppression as far 
as the nature of the case will fairly war- 
rant. We have secured ourselves from 
any pernicious consequences, which 
might arise out of the articles of their 
creed; and in that act terminates the 
authority of society over the individual. 

But while the liberty of publickly as- Roman c^- 

tholicks 

serting and defending their religious princi- ^^^""^"^ "^f- 
pies is granted both to Atheists .and Deists, eeptunder 
it cannot safely be extended to Roman 
Catholicks, without specifick limitations. 

We have already noticed the doctrine Because he 

holds the 

of absolution, as one of the leading tenets doctrine of 

^ absolution : 

F of 



60 SPECIFICK LIMITATIONS 

Es^AYji. of the Catholicks. Our former view of 
the doctrine was in relation to perjury; 
but, in the present connexion, it will 
appear yet more pernicious, as embracing 
all descriptions of guilt, and affording a 
general sanction to the breach of both 
Divine and human laws : consequently, 
so long as either the inferior or dignified 
orders of the Papal hierarchy pretend to 
exercise the power of absolution, it will 
continue essential to the peace of a Pro- 
testant state, to forbid the publick incul- 
cation of their principles. 

And, that Another prominent feature of the 

no faith 

should be Romish religion is, the doctrine, that 

kept With . o ^ 

hereticks. ,, ^^ ^^-^^ ^^^^j^ ^^ ^^^^ ^-^j^ hcrCticks. " 

The language of the Council of Constance 
runs thus; "Nee aliqua sibi fides aut 
" promissio de jure naturali, divino et hu- 
^ " mano fuerit in pr^judicium CatholiccC 
" Fidei observanda." Hence we infer, 

that 



TO RELIGIOUS TOLERATION. 67 

that no Protestant government can have essay il 
any security for the obedience of those 
subjects, who are members of the Papal 
Church. It is a fundamental article of 
their creed: it has been sanctioned by 
their most celebrated Councils^: it has 
been acted upon, whenever interest con- 
curred with opportunity to render it 
political^: it has been avowed, through 
many ages, as a grand article of their 
faith. Hence, in the opinion of a Papist, 
it must be considered entirely to disannul 
the obligation of word or oath, when the 
contracting parties are Protestant on the 
one side, and Roman Catholick on the 
other. 

But further : in coincidence with the aiso, that 

the end 

two particulars already named, there is a sanctifies 

the means, 

third leading tenet of their faith, which is 

equally 

(1) See Note XL (2) See Note XII. 

F 2 



08 ' SPECIFICK LIMITATIONS 

^11^13' ^q^^lly subversive of all good order in 
society. 

The Papist maintains, that the end 
sanctifies the means; and, particularly, 
when the good of the church is the 
avowed end to be answered ; even though 
the means be of the most base and atro- 
cious nature. This sentiment would 
accommodate itself to sanction the most 
foul depredations upon the property, or 
criminal attempts upon the lives, of indi- 
viduals ; or to applaud the subversion of 
a Protestant government, if another might 
be erected upon its ruins, which would 
render implicit obedience to his infallible 
Holiness, the Bishop of Rome. 

Baneful ef- Romauists arc also dangerous to a 

fects arising 

Protestant state, in consequence of that 
unbounded influence which their priests 
obtain over the consciences of the laity. 
Through the medium of auricular con- 
fession. 



from auri- 
cular con- 
fession : 



TO RELIGIOUS TOLERATION. 69 

fession. Popish priests acquire a specifick ^^^ "• 
knowledge of the predominant inchna- 
tion of their confessing penitents ; and, in 
granting absolution, they possess an op- 
portunity of imparting a powerful bias 
to the minds of those persons, who con- 
fide in them as their spiritual guides. 
Every member of the Romish communion 
is required to practise auricular confes- 
sion, and, in that act, to disclose both 
the sins which afflict his conscience, and 
the principles which govern his conduct. 
By this developement of the designs 
which are forming in the breasts of all 
within their community, the confessors 
are entrusted with every secret of mag- 
nitude and importance ; and, hence, 
they possess the means of directing the 
prejudices of their devotees, to the 
furtherance of their own ambitious or 
malignant designs. 

It 




St'ECIFICK LIMITATIONS 

It mast be obvious to every impartial 
-inting'" observer, that, v^hile priests of the 
'aHd\£du- Romish communion obtain the entire 

tion. 

confidence of their laity, and are entrust- 
ed by them with the most delicate and 
important secrets, they must acquire an 
almost unlimited degree of influence over 
the consciences of those, who profess the 
Catholick faith. The grants both of in- 
dulgence and absolution are calculated to 
cherish veneration for the person of the 
priest, as a man of peculiar sanctity, and 
to induce a ready compliance with every 
thing that he enjoins. 
the exorti- This prlcstly influence over conscience 

tant influ- 
ence of the is eminently danperous to a Protestant 

Tin est s. *> *~> 

state, both from the facility which it 
presents for the dissemination of seditious 
projects without opposition, and the 
secrecy which it imposes upon all who 
are received into a conspiracy. 

Of 



priests. 



TO RELIGIOUS TOLERATION. 71 



Of the pernicious tendency of this in- 



ESSAY 11. 



fluence, our ancestors had numerous and i^^^f^His^. 
memorable proofs^ in the various plots E^ngiandt 
which were concerted against the state, 
during the reigns of James the First, 
Charles the Second, and William the Third. 
Although the projects of the various 
conspirators tended to the entire sub- 
version of the government, and many 
Papists were in possession of the secret, 
yet the influence of the priests over 
the consciences of these Papists was so 
absolute, that the plots were not dis- 
closed by the treachery of the parties 
who formed the collusion, but were 
generally developed by some adventitious 
circumstance, which seemed to occur by 
the particular interposition of Provi- 
dence. 



The successive rebellions and massa- ^n the His- 
tory of Ire- 

cres in Ireland, during two centuries, are 



land. 



equalh 



V 



72 ' SPECIFICK LIMITATIONS 

Ess AYii. equally convincing proofs of the absolute 
influence of Romish priests over the 
consciences and actions of the laitv. In 
some of those fatal conspiracies, many 
hundred persons v^ere entrusted with the 
secret designs of the party, yet those 
designs remained concealed ; and the 
Papists, to render the accomplishment of 
their sanguinary purposes more certain, 
frequently visited the Protestants at their 
own houses, and continued to express the 
greatest possible friendship towards them, 
till the arrival of an appointed day, when 
they were to be massacred, without 
regard to age, sex, rank, or relative con- 
nexion. 

Also in the If ^e rccur to the conduct of the 

History of 

France. Frcnch Catholicks, prior to the fatal eve 
of Saint Bartholomew, we shall discover 
that Popery will sanction every kind of 
duplicity, to promote the designs of the 

church 



TO RELIGIOUS TOLERATION. 73 

church in the extirpation of hereticks ; essay ii. 
and is capable of imposing the most 
profound secrecy upon many thousands 
of persons, engaged in the execution of 
its diaboUcal machinations. The history 
of the Parisian massacre is generally 
known ; and it is only necessary here to 
observe, that at a period when all ranks 
of Protestants, from their princes to the 
peasantry, considered hostilities at an end, 
and were engaged in celebrating the 
nuptials of a Protestant prince with a 
Catholick princess, they were surprised 
at midnight by the tolling of a bell in the 
Louvre, which, it appeared, was the signal 
for their immediate slaughter, and for 
the extirpation of the Protestant faith 
throughout the French King's dominions. 
Although the nature of this sanguinary 
project, and even the day for its perpe- 
tration, with the particular signal for the 

commence- 



74 SPECIFICK LIMITATIONS 

Essay II. commencement of its execution, were 
generally known among the Papists, they 
retained the secret inviolable within 
their own breasts, and even assumed 
every possible appearance of amity, to 
acquire the confidence of the Protes- 
tants ^ 

Thus we are furnished by history wdth 
the most indubitable proofs, that the 
influence, which Romish priests have the 
means of exercising over the minds of 
all within the pale of their communion, 
may prove highly , injurious, and even 
destructive to a Protestant state, if the 
publick inculcation of Roman- Catholick 
tenets be not restrained by specifick 
limitations. 

Popery pro- j^ is also uo inconsidcrablc obiection 

duces a san- •^ 

spirlt7 ^^ ^^^ ^^^^ toleration of the Romanists, 

that 

(1) See Note XIII. 



TO RELIGIOUS TOLERATION. 75 

that the constitutional bigotry of their ^^yii. 
faith necessarily tends to render its pro- 
fessors both sanguinary and obdurate. 
While they are taught to regard all, who 
are not within the pale of the Papal com- 
munion, as inevitably doomed to ever- 
lastinp- misery, their hearts must become 
callous to the tender sympathies of nature. 
As the extirpation of hereticks is incul- 
cated with enthusiastick zeal, both by 
the menacing bulls of the Popes, and the 
grave decrees of general Councils^, it is 
impossible for those, who are governed 
by these acknowledged criteria of their 
faith, to esteem a heretical neighbour as 
a good member of the community, or 
worthy of the common regards of a fellow 
citizen. Popery enjoins fathers to disin- i>estroys 

^ -I '^ natural 

herit their heretical children, and professes ^^^^^'*'"' 

to 



(2) See the Fourth Lateran Council, and the Council 
of Constance. 



76 SPECIFICK LIMITATIONS 

Essay ii. to absolvc children from the duties they 
owe to the authors of their being. It 
nullifies every relative obligation in the 
breasts of those who are allied to the 
supposed heretick, and pronounces every 
act of hostility against him highly meri- 
torious. Hence we are furnished with 
a clew to the origin of that uniform spirit 
of persecution, which has marked in lines 
of blood the baneful progress of Popery, 
from its first assumption of secular power, 
till the recent and memorable crisis when 
that power was annihilated. 

Testimony Dr. Gcddcs, iu his valuable miscella- 

of 

Dr.Geddes. ncous tracts ^ after describing the horrors 
of Sin Act of Faith in the city of Lisbon, 
testifies, that ^^ it is beheld, by people of 
'' both sexes, and all ages, with such 
'' transports of joy and satisfaction, as 

'' are 

(1) Vol. I. page 450. 



TO RELIGIOUS TOLERATION. 11 

'' are not on any other occasion to be ^f^fliJ* 

*' met with:" — but, *' that the reader may 

^^ not think that this inhuman joy is the 

'^ eiFect of a natural cruelty in these 

'' people's disposition, and not of the 

'' spirit of their religion, he may rest 

" assured, that all publick malefactors, 

" besides hereticks, have their violent 

'' deaths no v^here more tenderly lament- 

'' ed than amongst the same people, and 

"" even when there is nothing in the 

*' manner of their deaths that appears 

'' inhuman or cruel." 

In a word, whether we recur to the 
decrees of general Councils, to the bulls 
of the Popes, to the oaths imposed on 
Roman-Catholick sovereigns, to the con- 
duct of the Inquisitions, to the manner 
of celebrating their Acts of Faith, or to 
the uniform conduct of Catholick states 
towards all whom they denominate 

hereticks, 



78 SPECIFICK LIMITATIOJCS 

Essay ii. hercticks, we shall discover^ in the hearts 
of Romanists, such a degree of sanguinary 
pleasure in the infliction of tortures upon 
the excommunicated, as could not exist, 
in any civilized nation, if it were not the 
result of principle. 

This statement of objections to the 
full toleration or emancipation of the Ca- 
tholicks, embraces two principal sources 
of argument, the validity of which I 
must maintain, in opposition to the many 
eloquent appeals that have been made to 
the British publick, by the advocates of 
the Papal cause. First, the general spirit 
of Popery is hostile to the existence of 
a Protestant state : and, secondly, the 
sentiments and doctrines of the Catholick 
faith are such, as must for ever preclude 
the union of Protestants and Papists in 
the same community. 

Plc-ds of 

modern It may bc objected, that the Catho- 

licks 



TO RELIGIOUS TOLERATION, 79 

licks of the present day^ though they essay ii. 
admit that such were the sentiments 
and the spirit of their predecessors^ do 
not hold such sentiments^ nor breathe 
such a spirit. But, I reply^ the legisla- 
ture of our country can recomize only These not 

•^ ^ -^ to be ad^ 

the official documents of the Catholick "^^^^^^• 
faith, and can regulate their opinion of 
its spirit and tendency only by the effects 
it has produced in preceding ages. No 
regular nor authorized recantation of the 
sentiments I have attributed to them has 
ever taken place ; nor do the Catholicks 
of the present day pretend to nullify the 
decisions of former Councils, or dis- 
approve of the spirit those Councils 
manifested. On the contrary, the op- 
position of the Catholicks to all other 
Christian associations, their union to the 
See of Rome, and their veneration for 
the ecclesiastical authority of the Pope, 

continue 



80 SPECIFICK LIMITATIONS 

^^■^- cOntintie unaltered. These are not bare 
assertions. If we are to depend upon the 
highest authorities among them, we have 
very little reason to hope that the pre- 
sent generation of Catholicks would keep 
their faith with hereticks better than 
their forefathers. The affair of the Veto, 
the meeting of the fourteenth of Septem- 
ber eighteen hundred and eighty and 
Dr. INIilner's subsequent declaration, do 
not encourage the most sanguine expec- 
tations on this head. 

The obnox- Furthcr: the decisions of their Councils 

ious doc- 

fuiHorTe. ^gainst hereticks continue in full force. 
'' We excommunicate," says the bull 
recited in the Passion Week, '' and curse, 
^' all Hussites, Lutherans, Zwinglians, 
^' Calvinists, Hugonots, and hereticks, 
'* and whosoever shall receive, defend, or 

*^ favour 

(1) See Irish Mag. Sept ISOp. 



TO RELIGIOUS TOLERATION. 81 

*' favour them." The authority of the ^(^iJ^' 
Lateran Councils, the Councils of Con- 
stance, and of Trent, so far from being 
denied, is still fully asserted. A recent 
advocate of their cause expresses himself 
thus: '' If any one says, or pretends to 
*' insinuate, that the modern Roman 
*' Catholicks, who are the objects of the 
" late bounty of Parliament, differ, in one 
** iota, from their predecessors, he is 
" either deceived himself, or he wishes to 
'^ deceive others. ^ Semper eadem is no 
" less emphatically descriptive of our re- 
'' ligion, than of our jurisprudence^." 

The Council held in the year twelve 
hundred and fifteen, w^hich declares the 
power of the Pope to depose kings, absolve 
subjects from their allegiance, and give 
away their kingdoms, is acknowledged by 

the 

(2) See " The Case stated;' by Mr. Plowden. 



82 SPECIFICK LIMITATION'S 

EssAYii. the highest Roman-CathoUck authorities. 
It is hence easy to infer, what must be 
the nature of that coaUtion, -which could 
subsist between Protestants and Papists, 
and of what fragile materials the bond of 
their imion must be composed. 

The spirit The spirit I have attributed to Papal 

of the sy- 
stem im- Catholicism, is still the spirit, at least in 

chang'ed. 

a great measure, of the bulk of Romanists. 
We have not, in the history of our sister 
kingdom, seen any reason to conclude, 
that the intolerance of former generations 
is, in any considerable degree, softened 
or abated. What the Protestants have 
suffered from the Catholicks, in the suc- 
cessive rebellions and massacres in Ire- 
land, would exceed belief, were it not 
established upon the most incontestable 
evidence. The disposition to extirpate 
hereticks, and destroy every other form 
of religion, pervades the whole system of 

Popery, 



TO RELIGIOUS TOLERATION. 83 

Popery, and never fails to display itself, essayii. 
whenever a suitable opportunity occjurs^ 

It is true, indeed, that the Roman The secular 

power of 

Catholicks now profess to disown the ^^^,^.%^^ 
secular authority of his Holiness, the ritual ^1^ 

maintained. 

Bishop of Rome, and therefore pretend, 
that they are capable of yielding full 
submission to the authority of a Protes- 
tant sovereign. But this cannot be ad- 
mitted as a valid plea for their entire 
emancipation, since that power has been 
acknowledged and submitted to in every 
age since it w^as first assumed ; and we 
have no pledge that it will not be again 
arrogated to their spiritual head, when- 
ever it may be done with effect. The 
spiritual power of the pontiff is still ac- 
knowledged in its full extent, and his 

fight 



(l) See Sir R. Musgrave's History of the Rebellion, passim. 
G 2 



84 SPECIFICK LIMITATIONS 

EssA Yii. right in the nomination of the dignitaries 
of their church is still zealously maintain- 
ed : the decrees of their general Councils, 
though on some occasions disputed and 
disowned, have been resorted to when- 
ever opportunity seemed to suggest the 
expediency of the measure : and, hence, 
it is easy to conclude by what species of 
allegiance such subjects would be bound 
to a Protestant government. 

Theconces- Jf thc statcmcut I havc piven of the 

sions of ^ 

cathoiicks doctrines of the Cathohcks be correct, it 

may, or may ' 

cere. ^ '"' must bc luanifcst, that, from the laxity of 
these doctrines, and the unaltered spirit 
of their professors, we have no security 
that w ill bind the great bulk of the Ca- 
thoiicks. On the other hand, present 
concessions may be suggested, by the 
anxiety of their leaders, to carry a favourite 
project, ^vith the concealed design to re- 
voke all their concessions, w henever the 

balance 



TO RELIGIOUS TOLERATION. 85 

balance of power may preponderate on ^^say ii. 
their side. 

Were the Cathohcks even wiUinp; to upon what 

~ ground 

make much greater concessions than ctsg[o^7' 
they have hitherto made, these conces- muted.^ 
sions could not be received, by a Protes- 
tant state, as valid, unless sanctioned by 
an authority as high, in the estimation of 
Romanists, as that which first established 
the principles against which we except. 
These principles were originally esta- 
blished by general Councils ; and, as the 
present political state of Europe does not 
allow the convention of such a Council, 
to reconsider or to correct the articles of 
their faith, Catholicks should be content 
to wait a rhore favourable opportunity. 
For, if the decisions of former Councils 
be not superseded or rescinded, and the 
Catholicks absolved from their obedience, 
by as high an authority as that which 

established 



B6 specifick limitations 

^wL3' established these articles of faith, they 
might, at any suitable period, recur to the 
old trick of the Dom'unum alt am, 

Twoprinci- Udou thc wholc, thcH, if tranquillity 

ciples only 

thryc'Ia'be ^^^e rcstorcd to Europe, there would 

emanci- . i ^ . r 

pated. remain two, and only two means tor 

effecting the complete emancipation of 
the English and Irish Catholicks. First, 
by convening a general Council of the 
highest authorities of their universal 
church, to cancel those decrees of former 
Councils, which are found to be inimical 
to the peace and prosperity of Protestant 
communities : or. Secondly, if the con- 
vention of such an assembly be found 
impracticable, or if the object for which 
it should be convened cannot be effected, 
it then remains for the Catholicks of this 
kingdom to separate themselves alto- 
gether from the spiritual dominion of the 
foreign authorities of their church, and, 

by 



TO RELIGIOUS TOLERATION. 

by one general act of secession, to absolve 
themselves from all obligation to those 
obnoxious doctrines, which, as long as 
they are professed, ougl^ to exclude every 
Catholick from the full enjoyment of the 
privileges of British subjects. 

As these are some of the distinguish- 
ing traits of the Roman-Catholick faith, 
they present insurmountable objections 
against permitting individuals of that 
community, unreservedly, to disseminate 
their principles. 

As a decided enemy to persecution, 
and every species of intolerance, I should 
feel happy to see a Protestant Dissenter, 
a Roman Catholick, a Mohammedan, and 
a Jev7, alike permitted the free exercise 
of their religion, and tolerated to propa- 
gate their sentiments according to the 
dictates of conscience; leaving it with 
God, alone, to defend and to prosper the 

cause 



Essay II. 



88 SPECIFICK LIMITATIONS 

Essay II. causc of Truth, whcrcver it may be 
found. But, when religious sentiments 
have a political bearing, and those very 
sentiments have been repeatedly conver- 
ted into an engine for the subversion of 
civil government, it becomes essential to 
the well-being of the state, to erect a 
strong barrier against the future efforts of 
those who profess sentiments so inimical 
to the very being of a Protestant state. 
If Roman Catholicks do not esteem their 
oaths sacred; if they can obtain absolu- 
tion for any sin ; if they keep no faith 
with hereticks ; if the good of their 
church will sanctify the most foul means 
of advancing its interests; it immediately 
becomes a necessary part of the policy of 
a Protestant government to forbid the 
promulgation of their religion, except 
Under what uudcr ccrtaiu limitations. If the existence 

limitations 

ikk^wd ^^ Popish chapels be permitted, and 

tett<4i. • ■ 

priests 



TO RELIGIOUS TOLERATION. SQ 

priests be allowed to officiate, it should Essayjq 
be, by the licence of the Civil magistrate, 
under a covenant, that none of these 
exceptionable doctrines should be taught ; 
or, if the doctrine of absolution be incul- 
cated, that no absolution shall be granted 
for any crimes inimical to the state. The 
persons thus allowed, by licence, to teach 
the precepts of their faith, and perform 
the ceremonies of the Romish church, 
should be banished the realm for ever, 
if they presumed to teach those principles, 
upon which they had covenanted to be 
silent. Again : a Papist schoolmaster 
should be licensed under the same re- 
strictions with the officiating priest ; but 
with the annexed condition, that no child 
of Protestant parents should be received 
into his school. 

These limitations to toleration may ap- 
pear harsh and unjustifiable, when viewed 

in 



go LIMITATIONS TO RELIGIOUS TOLERATION. 

es^ayii. in relation to religious principle alone; 
since conscience is accountable to none, 
but Jehovah himself. But, surely, it is 
not intolerance, to suppress those princi- 
ples, which inevitably tend to destroy the 
well-being of the community! When 
religion is prostituted to political pur- 
poses ; when the essential articles of any 
man's creed, involve in destruction the 
dearest interests of his fellow subjects, 
and sap those foundations upon which 
the edijfice of civil government is built ; 
it becomes the province of rulers, to 
counteract, or suppress, by coercive 
means, the effect of principles so hostile 
to the state. 



01 



Essay III. 



ON ELIGIBILITY TO OFFICES OF PUBLIC K TRUST. 



** When the righteous are in authority, the people rejoice : but 
Mhen the wicked beareth rule, the people mourn." 

Solomon. 



Xjy ofnces of publick trust, I intend essay m. 
judicial and parliamentary offices, offices DefinitioQ. 
of state, military and naval commissions, 
parochial and borough offices. This gene- 
ral definition of offices of trust includes 
both those which are voluntary, and 
those vv^hich are involuntary. This di- 
stinction the laws have recognised ; 
hence, those departments of official trust, 
which are hedged in, by exceptions against 

any 



Q2 ON ELIGIBILITY TO 

Essay III. any particular description of persons, 
should be, in their nature, purely volun- 
tary ; for, to attach a fine to the person 
who refuses to execute the duties of 
an office, and yet to exclude him from 
that office, by requisitions with which 
he cannot, in conscience, comply, is a 
direct invasion of the right of private 
judgement. In the present essay, there- 
fore, I wish to be understood as speaking 
of those departments of trust which are 
purely voluntary. 

Division of jj^ discussing this article, I purpose 
to consider. First, what circumstances 
constitute a subject ineligible for offices 
of trust ; and, vSecondly, the specifick 
parties admitted and rejected, with rea- 
sons for each decision. 



ineliorible. 



What ren- J. What ai'c thc circumstauccs which 

ders a man 

constitute a subject ineligible to offices of 

trust ? 

That 



OFFICES OF PUBLICK TRUST. Q3 

That even men of talent should not be essay hi. 
admitted into offices of publick trust, 
indiscriminately, is a sentiment in which 
no man of prudence would refuse to 
concur. The prosperity of the whole 
community is intimately connected with 
the manner in which the duties of 
publick offices are discharged. It is, 
therefore, of high importance to all 
classes in society, that only such per- 
sons be admitted to fill up the depart- 
ments of official trust, as are unexcep- 
tionable, under either of the following 
causes of incapacity. 

Natural incapacity. — The native of a Natural in- 
capacity. 
foreign country is an alien in Britain, as Alienation. 

long as he lives, except the legislature, 

from any consideration of his importance 

to the state, perform upon him the act 

of Naturalization^ : consequently, he is 

incapable 

(1) See Note XIV. 



should be 
considered 
an alien. 



94 ON ELIGIBILITY TO 

EssAYiii. incapable of enjoying many privileges, 
which are the birth-right of a natural 
subject : and, doubtless, this incapacity 
should extend to the character in ques- 

whya tion. A man, born and educated in a 

foreig^ner 

foreign country, may reasonably be ex- 
pected to retain a strong predilection for 
the place of his nativity, for the laws 
under which he received his early im- 
pressions of the nature of civil society, 
for the particular habits in which he was 
educated, and for the government under 
which his first principles were formed. 
Surely, it would not be safe to intro- 
duce a man of this description into any 
office of trust, under a government 
^which must necessarily vie\v him as an 
alien. He could not act with decision 
against his own country and his sove- 
reign : he could not, conscientiously, 
promote the welfare of the government 

under 



OFFICES OF PUBLICK TRUST. 95 

under which he Uved, if its interests ^^^"^* 
appeared, in any degree, to clash with 
those of his native land : he would have 
many temptations, to receive bribes from 
his own government, and betray the secrets 
of that, under which he was serving : 
perhaps these motives would be strength- 
ened by his relative connexions, and the 
facility with which he might convey 
clandestine intelligence ; and all would 
appear to receive a general sanction from 
the claims of his natural Prince, who 
would still assert an indefeasible right 
over his person and services. All these 
circumstances concur, to render the man, 
in whom they centre, naturally incapable 
of filling any office of responsibilitv. 

Criminal incapacity. — He, who has Criminal 

incapacity, 

egregiously transgressed the laws of his 
country, and has incurred their penalties, 
is not worthy of the confidence either of 

his 



qQ ®n eligibility to 

Es^Y^i. his sovereign or his fellow citizens. But 
this description of incapacity should be 
determined by the circumstance of having 
incurred, and being immediately under, 
the infliction of legal penalties : because, 
prior to sentence being given, every man 
is considered innocent in the eye of the 
law, which does not anticipate a ver- 
dict to the injury of the party impeached. 
Perhaps the distinction generally ad- 
mitted, between the nature of civil and 
criminal^ prosecutions, may sufficiently 
define what crimes should constitute a 
member of the community incapable 

Reasons for of publick confidcnce. All those crimes^ 

criminal 

incapacity, ^hic^ arc subjcct to thc Criminal juris- 
diction of the magistrate, are marks of 
gross depravity in the individual by 
whom they are perpetrated ; and, con- 
sequently, 

(1) See Nate XV. 



OFFICES OF PUBLICK TRUST. Q7 

sequently, ought to exclude him from essay iii. 
situations of emolument, and particu- 
larly of trust, in the various departments 
already enumerated. 

A question may here arise, upon the Pfsons 

A "^ -»- who are 

expediency of admitting those to be from'the 
eligible, who have once forfeited publick exleption- 

abie. 

confidence, but have endured the penalties 
annexed to their crimes, or have experi- 
enced the Royal clemency. I conceive, 
that persons of both these descriptions 
should be admitted to a full participation 
of the rights of their fellow subjects. 
Far be it from me to plead the cause of 
vice, or intercede with the publick for the 
vicious of mankind ; but, from the fol- 
lowing considerations, the sentiment ap- 
pears to be dictated by impartial justice. 
Those, who have endured the penalty of To reject 

them would 

the law, have already rendered that "^J'^^tiyex- 

•/ tena their 

satisfaction which society demanded; ^ent!" 

H and, 



98 ON ELIGIBILITY TO 

Essay III. and^ to perpctuatc their incapacity to 
fill any office of trust, after the prescribed 
legal penalty has expired, would be, to 
specify a limited punishment, and yet, 
ultimately, to abrogate the limitation, 
and render it permanent. Again : as 
one grand end of all coercion, which 
does not affect the life of the party, is, 
to correct his vicious disposition, and 
make him, in future, a good member of 
society, it would be absurd to perpetuate 
his incapacity ; since that would pre- 
suppose that the express object of the 
law is uniformly defeated. 
On the He^, to whom the Royal clemency has 

clemency. ]^qqyi extcndcd, should also be received 
as a reputable member of the commu- 
nity; for, to perpetuate his disgrace, 
would be an oblique reflection upon those 
laws which vest the dispensing power 
in the hands of the sovereign. It is 

committed 



OFFICES OF PUBLICK TRUST. 99 

committed into the hands of the supreme essayki. 
magistrate, that, by his wisdom, he may what end 

it should 

supply those deficiencies which unavoid- answer. 
ably exist in all general laws, and to 
meet all those cases, which the legis- 
lature intended as exceptions, but could 
not precisely anticipated Yet, while 
these remarks are designed to prove the 
equity of constituting such persons eli- 
gible, it will still remain in the breast of 
the people to elect, or the sovereign to 
nominate, to publick offices ; and, per- 
haps, it would be an act of wisdom, in 
each party, generally to select those to 
whose characters no foul imputation has 
been affixed. But, upon this subject 
I forbear to enlarge, as the professed 
object of this work is, to point out the 
just principles upon which eligibility to 
offices of trust should depend, and the 

equitable 

(1) See Note XVI. 
H 2 



100 ON ELIGIBILIXr TO 

Essay III. equitable boundaries to incapacity for 
such offices, so far as religious liberty 
is involved. 

sentimen- Sentimental incapacity. — The imine- 

tal iucapa- *^ 

"^>'' diate subject of inquiry now is, what 

religious principles constitute a sufficient 
ground of sentimental incapacity ? 

Those that First I thosc w'hich are incompatible 

are mcom- ^ 

thetfficr.^^ with the particular duties of the office 
in question. 

It ^vould be highly absurd to nominate 
an advocate for the jus divinum, and 
the doctrine of non-resistance, to the 
office of representative of the people in 
an English House of Commons ; or a 
Quaker, as generalissimo of the military 
forces. It would be folly in the abstract, 
to appoint a Protestant, or a Jev^, to the 
office of Grand Inquisitor in Portugal; 
or, to create a Mohammedan, Chief 
Justice in an English court of judicature. 
The principles of the men would clash 

with 



OFFICES OF PUBLICK TRUST. 101 

with the necessary duties of the ofRce, essay m. 
and immediately obstruct the course of 
pubhck business. 

Secondly: those which are inimical Those that 

^ are mimical 

to the principles of the constitution. to the state. 

It is a fundamental article of the 
British constitution, that no Roman- 
Catholick prince shall ascend the throne*: 
and hence the law, with manifest pro- 
priety, further excludes all persons of 
that community from offices of trust in 
the state ; as they could not, with con- 
sistency, acquiesce in this grand article ; 
and as their principles also absolve 
them from allegiance to any but a Ca- 
tholick sovereign. The nonjuror main- 
tains the divine right of kings, ^th the 
doctrine of non-resistance ; and, under 
the pretext that the House of Stuart was 
unjustly deposed, refuses to swear' faith 

and 

(1) See Note XVII. 



102 ON ELIGIBILITY TO 

E^AY III. and obedience to the House of Hanover : 
thus he avows his hostility to the radical 
principles of English law, and erects 
against himself an insurmountable barrier, 
in the high road to honorary stations^ 
and offices of national confidence. And, 
in all cases where the radical principles 
of the constitution, and the religious 
principles of a candidate for office, are at 
variance, as the constitution is perma- 
nent and absolute ^ the candidate for 
office must relinquish his pretensions. 

Those that Thirdly : those which, in their nature, 

do not ad- 

mitofsecu- Jq not admit of security for the con- 

rity to the *' 

^^^^^' scientious discharge of official duties. 

The community, or the sovereign, in 
appointing men to offices of trust, attach 
responsibility to the persons, who are 
thus invested v^ith power, and hold them 
accountable to the laws for the use or 

abuse 

(1) See Note XVIIL 



OFFICES OF PUBLICK TRUST. 103 

abuse of the confidence reposed in their essay iii. 
integrity; and, if responsibiUty be at- 
tached to persons who fill offices of trust, 
some security is necessary, as a pledge 
for their faithful discharge of every duty. 
Upon this principle, it is required of 
publick officers, when they are inducted, 
to take a prescribed oath, as a solemn 
pledge to the community, of their resolu- 
tion to fulfil, with diligence and fidelity, 
the duties which devolve upon them. 
Consequently, those who profess senti- 
ments that withdraw from society the 
required pledge of their faithfulness, 
ought not to be considered eligible. 

, II. I now proceed to shew the spe- description 

of persons 

cifick parties who are rejected, and those ^^^^J^'''" 
who remain eligible, under the prelimi- 
naries expressed in the last head, upon 
sentimental disqualification. 

Some 



] 04 OJJC ELIGIBILITY TO 

E^^^y^J?' Some thought^, which naturally occur 
under this head^ have been partially anti- 
cipated, for the illustration of the prece- 
ding remarks ; but, as they have not 
been sufficiently amplified, it will not 
appear tautological, to introduce them in 
their proper order, as the grounds of 
capacity and incapacity in the several 
characters to be enumerated* 

Atheists The Atheist and the Deist are subject to 

and Deists. 

precisely the same objections, when they 
appear as candidates for office, as when 
brought to give evidence in a court of 
judicature : their oaths are invalidated 
by the profaneness of their creed ; and, 
w^ere such persons admitted into offices 
of trust, in any of the departments spe- 
cified in the early part of this essay, 
neither the monarch, nor the people, 
could have any security for the regular 
and conscientious discharge of their re- 
spective 



OFFICES OF PUBLICK TRUST* 105 

spective duties. As their principles strike essay hi. 
at the root of all morality, by withdraw- Reasons for 

^ ^ , rejecting 

mg the grand sanction or future rewards ; them. 

as they ultimately promote vice of every 

kind, by relieving conscience from the 

fear of everlasting punishment; they 

cannot offer any security to society against 

the presumptive consequences of those 

temptations, to which their particular 

offices might expose them. The judge conse- 
quences of 

mipht endeavour to bias the minds of the ^l"^;"" p"^" 

^ ciples. 

jurors in a cause where some opulent 
friend was implicated : the honourable 
member of the House of Commons 
might vote contrary to the decision of his 
own judgement, to gratify a party, or 
obtain personal advantage : the officer in 
some state department might embezzle 
the publick money, or prove delinquent 
under various other forms of trespass : 
and the military or naval commander, or 

even 



106 ON ELIGIBILITY TO 

Essay III. even inferior officer, might receive bribes 
from the enemy, to betray the confidence 
reposed in him, and ruin an army, the 
navy, or the nation, by his perfidy. Yet 
none of these transactions would be in- 
consistent with the principles of men, who 
reject the code of Divine laws, and remain 
destitute of any other criterion of action 
than their own will, or any other stimulus 
to act than a principle of self-interest. 
The Jew. ^ Jq^ should uot bc admitted into 

offices of trust, for three very conclusive 
reasons. 
He is an First : his religious principles consti- 

tute him an alien. 

Every Jew considers himself united, 
by the ties of consanguinity, to all who 
profess the Jewish faith over the whole 
globe ; and thus their religious principles 
become an immutable bond of union 
among them, as a political body. They 

do 



OFFICES OF PUBLICK TRUST. 



107 



them a di- 
stinct na- 
tion. 



do not intermarry with the famihes of es^yhi. 
their fellow subjects ; and, hence, as a 
nation, they are incapable of being incor- 
porated with the natives and freemen of 
the country in which they reside. Cir- circum- 

•^ *' cision keeps 

cumcision appears to be the chief distinc- 
tion between the Jew and his neighbour. 
By perpetuating this rite, they ha.ve 
known from age to age who were the 
descendants of their common father; and 
by refraining from marriage with Gentile 
nations, they have remained, to the pre- 
sent time, a distinct people in all parts of 
the world. A Jew is consequently a 
member of the Jewish nation, whether 
he was born in Britain, in China, or at 
the antipodes of either; and, as a member 
of that community, he must remain an 
alien in every nation under heaven. 

Secondly : as a necessary consequence 
of this general alienation among all 

people. 



108 ON ELIGIBILITY TO 

Essay 111. peoplc^ the Jcws havc no permanent 

residence. 
Not attach- Thev are a commercial nation; and, 

ed to any "^ 

non. '''"'' having neither manufacturing business 
nor landed property, to fix their residence 
on any local spot, they can transport 
themselves, with all their property, from 
one country to another, without any 
serious loss or inconvenience : this is 
yet more facilitated by their numerous 
connexions in most parts of the world : 
and it would be little less than exciting 
fraud, to nominate to offices of trust 
those who have eminent means of eluding 
publick justice, when they become de- 
linquents. And, 

Expects to Thirdly : the future restoration of 

remove into 

judea. their nation to the possession of Palestine 
is a leading article of the Jewish faith. 

Probably that period will arrive ; but it 
would be dangerous to give into their 

hands 



OFFICES OF PUBLICK TRUST. lOQ 

hands any presumptive means of expe- ^^^^ "^• 
diting its approach. Thi^ appears to be 
one grand end of their remaining a di- 
stinct people; and it does not appear 
improbable, that, if Jews were admitted 
into posts of eminence, their po^ver, 
influence, wealth, and chicanery, might 
be directed to that object, with a degree 
of energy, no less injurious to the state, 
than inimical to the principles of the 
Christian faith. Now, as the Jew^ must 
absolutely remain an alien; as he might, 
with great facility, elude the pursuit of 
public justice ; and, as his principles 
sanction the hope, that he shall one day 
remove into Palestine, and there become 
a member of a political state ; he must 
be regarded as ineligible for offices of 
publick trust in a Christian country. 

A Roman Catholick ought not to be TheRomaa 

Catholick. 

admitted into offices of responsibility, for 

reasons 



1 10 ON ELIGIBILITY TO 

Essay III. rcasoHS already specified, in the essay 
upon Limitation. His oath is not binding, 
because he may obtain absolution. Nei- 
ther word nor oath can be received with 
confidence, since he keeps no faith w^ith 
hereticks. If he obtained a seat in Par- 
liament, he might betray the interests of 
the Protestant church; as the good of 
his own church \^dll sanction every 
mean of promoting its welfare. He might 
level a blow at the English constitution ; 
since its fundamental principles, and the 
prominent doctrines of his creed, are 
avowedly hostile to each other. 

Having excepted against all the pre- 
ceding classes, I now proceed to state 

Who should who remain eligible, upon the premises 

be eligible. 

already expressed. These appear to be, 
Episcopalians, and Protestant Dissenters. 
Episcopa- That the Episcopalian should be eligi- 

ble, is an indubitable proposition. His 

political 



OFFICES OF PUBLICK TRUST. 1 1 1 

political principles are those of the essayiii. 
constitution ; his religious sentiments 
are those of a church patronized by the 
existing laws ; and the security which he 
offers to the state, is the best that the 
community could possibly receive : his 
oath is inviolably sacred : he can consci- 
entiously fill up any department of civil 
trust, and execute the duties of his office, 
without doing violence to the decisions 
of his judgement. 

Further: Protestant Dissenters should Protestant 

Dissenters. 

be eligible. 

This general appellation includes a 
long list of subordinate distinctions, 
which it is unnecessary to detail ; because, 
with the exceptions specified in the essay 
upon Limitations, all denominations of 
Protestant Dissenters must stand or fall 
tjogether. 

There are, then, several distinct reasons^ 

which 



112 ON ELIGIBILITY TO 

Essay III. ^vhich I shall adducc, why all Pro- 
testant Dissenters should be eligible to 
Reasons fiH ofRces of trust. First : their religious 

why they *-^ 

are eligible, sentiments contain nothing hostile to 
the peace and welfare of the community 
with which they are connected. Se- 
condly: they are, from sentiment, the 
warm and steady friends of all the fun- 
damental principles of the British con- 
stitution. Thirdly : they can give all 
that security, for the discharge of ofScial 
duties, which can be rendered by Epis- 
copalians. 

First : the religious sentiments of Pro-* 
testant Dissenters contain nothing hostile 
to the peace and w^elfare of the com- 
munity. 

First: they In tlic phrasc, Protestant Dissenters ^ 

hold no sen - 

hSeto -'■ include Calvinists, Baptists, Armi- 

society. nians, Quakers, Arians, and Socinians, 

with a variety of minor denominations. 

These 



TO OFFICES OF PUBLICK TRUST. 113 

These are the chief doctrinal distinctions essay iil 
that exist among them. The other 
divisions, of Presbyterian, Independent, 
Methodist, &c. are less important, and 
respect, principally, their different modes 
of church government. Now, that 
church, w^hich admits to exist in itself the 
two principal classes of those I have 
enumerated, viz. Calvinists and Armi- Their doc. 

trinal senti- 

nians, can offer no just and forcible °'^'' '* 
reason, why its own doctrines, when pro- 
fessed by a Protestant Dissenter, should 
become inimical to the political welfare 
of the state. It is notorious, that a very \^^^ ^7 

•^ churchmen. 

large majority of the clergy and laity of 
the episcopal church are Arminian, many 
are Calvinists, some are Arians, and some 
are Socinians. Now, if the sentiments 
of the Calvinist and the Arminian be 
inimical to the peace and welfare of the 
community, they must be equally so in 

I the 



114 ON ELIGIBILITY TO 

Essay III. the chuFch, as among the Dissenters. As 
to the other classes of Protestant Dis- 
senters, a brief review of their conduct 

Noim- ^^jj shew at once, that many of the 

peachment •' 

character, worthicst mcmbers of civil society are 
to be found among them ; and impartial 
inquiry may be defied to shew, by any 
thing like reasonable proof, why a Bap- 
tist or a Quaker, an Arian or Socinian, 
may not be a good master, a good servant, 
a good tradesman, a good subject, or a 
good magistrate. It is, indeed, the ex- 
treme of folly to urge, that, because a 
man denies the doctrine of an atone- 
ment, because he rejects the divinity of 
Christ, or because he believes we may 
be saved from perdition by the merit of 
our own works, therefore he is unfit to 
be a member of civil society, or that he 
is to be viewed, in any degree, as a dis- 
turber of the peace, or an enemy to the 

welfare 



OFFICES OF PUBLICK TRUST. 115 

welfare of his fellow citizens. A Cal- essay iii. 
vinist, who believes in the insufficiency 
of good works to obtain the Divine 
favour, and an Arian or Socinian, who 
discards those doctrines which the or- 
thodox consider to be the peculiar glory 
of revelation, may yet be a good 
neighbour, a tender and affectionate 
friend, a peaceable and loyal subject. 
And if, in some solitary cases, it should 
appear, that the persons I have enume- 
rated should not possess the highest 
excellence of social character, yet it 
would be the extreme of injustice to 
ascribe that to their religious sentiments, 
which no reasoning can shew to be in 
any way connected with them, or a 
necessary result of their influence. 

Those who have attempted to impute i^i^^^erai 

^ ^ views have 

to Protestant Dissenters a disposition ini- ofthdf"' 
mical to the welfare of the community, 
I 2 have 



Il6 ON ELIGIBILITY TO 

EssAYjii. have either been actuated by an illiberal 
spirit, or have formed their estimates 
from a very contracted view of the great 
mass of Dissenters in this kingdom. If 
any of them be disturbers of the publick 
peace, and the promoters of disorder and 
confusion, it does not follow, that this 
is an effect of their religious sentiments ; 
and he would argue very fallaciously, 
who should draw such a conclusion. As 
well might he conclude, that when an 
Episcopalian is detected in an act of 
corruption or peculation, it was the ne- 
cessary consequence of the religious 
principles he professes. Though I grant, 
then, that all the distinctions of religious 
sentiments I have mentioned may be pro- 
fessed by persons of bad dispositions, and, 
perhaps, of baneful political principles, 
yet I must maintain, that these differing 
theological views contain nothing inimical 

to 



OFFICES OF PUBLICK TRUST. 117 

to the peace of society, and the regular essayiii. 
administration of the laws. 

It may even be maintained still further. General 

•^ character, 

that all the different classes of Protestant ^^^-^^i^^^- 
Dissenters which I have noticed, so far 
from receiving any deterioration in their 
social character from the views they en- 
tertain on religion, will be found, univer- 
sally, the steady promoters of peace, and 
the best friends of their fellow subjects. 
In their efforts to advance the good of 
the community, in their compassion for 
the distresses of others, in their charitable 
establishments, in their readiness to join 
in every cause of benevolence, they are 
exceeded by none of their fellow^ citizens. 
Now, the fair conclusion from this is, 
that their religious views, though ever so 
heterodox, when estimated by the creed 
of the established church, contain nothing 
destructive to the peace, or prejudicial 
to the welfare, of society. 

That 



118 ON ELIGIBILITY TO 

Essay III. That their views of church govern- 
Their views mcnt, which form the great distinction 

of church *-> 

ment have bctwccn thcm and the estabUshed church, 
to politicks, are not chargeable with any baneful in- 
fluence on the community, needs but 
little proof; or, at least, it will be fully 
evident, upon a brief consideration of the 
nature and influence of these views. It 
is not easy to conceive, how a Presby- 
terian^ who maintains that the church 
court should consist of the ministers and 
elders only; or the Independent, w^ho 
views each religious association as ade- 
quate to the regulation of all its own 
concerns ; should be, on this account, 
a worse neighbour or friend, a vs^orse 
fellow subject or legislator. Whether 
I submit to the authority of a diocesan 
bishop, or bow to the decrees of a pres- 
bytery, or acknowledge only the voice of 
the majority in the individual church to 
which I belong, 1 may surely possess all 

the 



OFFICES OF PUBLICK TRUST. 1 IQ 

the qualifications of a good subject, and ^^^ "J* 
retain an undiminished right to all the 
immunities of a citizen. That must be 
a mode of reasoning rather novel and 
extraordinary, by which it can be proved, 
that he, w^ho receives no code of ecclesi- 
astical law but what he finds in the 
Scriptures, must be a disloyal subject ; 
or that he, who disputes the propriety 
of various orders of ministers in the 
Christian church, must be an enemy to 
the publick peace ; or that he, who main- 
tains the perfect equality of all the mem- 
bers in each separate religious society, 
must, therefore, be a friend to anarchy, 
and a promoter of sedition. I confess 
I can perceive no connexion between ac- 
knowledging a presbytery in the church 
and rendering obedience to the laws of 
my country, or acting with integrity in 
the discharge of every social duty; nor 

can 




ON ELIGIBILITY TO 

can I form any idea why an Independent 
and a Presbyterian cannot be as good 
citizens, as good magistrates, as good 
statesmen, and as loyal subjects, as their 
episcopalian brethren. It appears indeed 
impossible for a candid mind to compre- 
hend, Avhy the peculiarities of Protestant 
Dissenters, in church government and 
discipline, should incapacitate them for 
offices of trust, in a free and Christian 
state : and it is no less so to understand, 
how an impeachment of their social cha- 
racter can be deduced from the particular 
interpretation of certain doctrines of 
Scripture, in which some of them diiFer 
from the episcopal church. 
Secondly: I procccd, Sccoudly, to shew, that 

Dissenters 

generally Pfotcstaut Disscntcrs arc, from sentiment, 

attached to ' ' 

warm friends to the fundamental prin- 
ciples of the British Constitution. 

This will appear, if we consider their 

uniform 



the Consti- 
tution. 



OFFICES OF PUBLICK TRUST. 121 

uniform submission to the execution of e^y^. 
the laws ; the respect they have ever ex- shewn by 

a variety of 

pressed for the authority of the legis- evidence. 
lature ; the patriotism they have shewn, 
on every pubhck and national occasion ; 
the steadiness with which they have 
advocated the hberties of the people, the 
freedom of the press, and trial by jury ; 
and the loyalty they have uniformly 
manifested towards all the House of 
Brunswick. All these particulars would 
admit of a distinct and extended illustra- 
tion ; but, for the sake of brevity, I shall 
merely make an appeal to their general 
history since the Revolution. 

Facts will fully justify the assertion, illustrated 

by histori- 

that every branch of the legislature has ^^^^''^- 
received their zealous support ; and no 
one, acquainted with their conduct, can 
affirm, that, on any occasion, when the 
exigencies of the state required the 

exertion 



k 



122 ON ELIGIBILITY TO 

Essay III. excrtion of their energies, they have been 
reluctant to vield to these claims. Some 
of the ablest advocates, who have ever 
appeared in the cause of liberty and the 
people, have been of their communion : 
indeed, a firm, but well-qualified spirit 
of civil and religious liberty, appears to 
have been hereditary among them, from 
the period of the Reformation to the 

Hume's tes- prcscnt time. Hume testifies, when 

timony. 

speaking of the arbitrary and despotick 

measures of EUzabeth, that, ^^ so abso- 

'' lute w^as the authority of the crown, 

'* that the precious spark of liberty had 

'' been kindled, and was preserved by 

" the Puritans alone ; and it \vas to this 

'' sect, w^hose principles appeared so 

'' frivolous, and habits so ridiculous, 

'' that the English owe the whole free- 

'' dom of their constitution ^" 

Their 

(l) Hume's History of England, vol. V. p. I89. 



OFFICES OF PUBLICK TRUST. 



123 



Their various addresses to the throne, essay hi. 
since the Revolution, down to the pre- Their patri- 

-■- otic address 

sent time, are a standing proof of their wimam. 
affection for the persons of Protestant 
sovereigns, and their zealous attachment 
to the principles of the constitution. The 
Prince of Orange arrived at St. James's 
December the eighteenth ; and, on the 
second of January, about ninety Dissen- 
ting ministers, with the Earl of Devon- 
shire, and the Lords Wharton and 
Wiltshire, at their head, '^ assured his 
'^ Highness of their grateful sense of 
" his hazardous and heroical expedition, 
^' which the favour of Heaven had made 
^' so surprisingly prosperous ; that they 
'* esteemed it a common felicity, that the 
'' worthy patriots of the nobility and 
" gentry of this kingdom had unani- 
'' mously concurred with his Highness's 
*' designs, by whose most prudent advice 

" the 



124 ON ELIGIBILITY TO 

EssAV III. ^' the administration of publick affairs 
^^ was devolved, in this difficult con- 
'' juncture, into hands w^hich the nation 
*' and the v^orld knew to be apt for the 
^' greatest undertakiags, and so suitable 
*' to the present exigency of our case. 
'^^ They promised the utmost endeavours, 
*' in their several stations, to promote 
^' the excellent and most desirable ends 
'* for Avhich his Highness has declared. 
'' They added their continual fervent 
'' prayers to the Almighty, for the pre- 
'' servation of his Highnesses person, and 
" the success of his future endeavours 
'' for the defence and propagation of 
^^ the Protestant interest throughout the 
^' Christian worlds" 

Geor-e'L'' ^^ ^^ addrcss presented to George 

the First, they express themselves thus : 

- It 

(l) Neale's History of the Puritans, vol. iv. chap. 12. 
pp. 603-3. 



OFFICES OF PUBLICK TRUST. 125 

** It is no small satisfaction, that we are Essay iii. 

^^ engaged with a people so well disposed 

'^ to loyalty and fidelity to your Majesty, 

'' as the body of Protestant Dissenters ; 

*' of whom we can with safety declare, 

'' that, in all parts of the kingdom, they 

'' adhere most inviolably to your Majesty, 

'^ as their only rightful and lawful sove- 

'' reign ; and are very sensible of the many 

'^ blessings of your auspicious reign." 

His Majesty replied : '' Your steady and The King's 

^' constant adherence and affection to my 

^' person and government give you a 

^^ most just title to my protection, on 

'^ which you may always depend^.'* 

That the same spirit of loyalty con- 
tinued among them in the succeeding 
reign, we have the testimony of the 

monarch 



(2) See Bogue and Bennett's Histoiy of Dissenters, 
rol. iii. pp. 14S-9. 



\ 



120 ON ELIGIBILITY TO 

^s^ayiil monarch himself. In his address to the 
Parliament, speedily after his accession to 
^^hlfpar ^^^ throne, George the Second says : 
liament. ,, j^^ homc, I find among my subjects 
'^ such mutual charity and foirbearance 
*^ diffused through the kingdom, that the 
'' national church repines not at the in~ 
" dulgence given to scrupulous con- 
'' sciences ; and those, who receive the 
'' benefits of the toleration, envy not the 
'' established church the rights and pri- 
'* vileges, w^hich they by law enjoy. 
*' From these happy causes have flowed 
^' that general tranquillity, that rise of 
'' publick credit, and that increase of 
'' trade and commerce, which have great- 
*' ly improved our wealth and power, 
'' and given us that respect and influence 
^' abroad, which have so much advanced 
'' the glory and happiness of the na- 
'' Hon, " 

In 



OFFICES OF PUBLICK TRUST. 127 

In the exertions of the nation to repel essay hi. 
the hostile efforts of the Pretender, in conduct 

in the Re- 

seventeen hundred and forty- five, the 174^'^''''* 
Dissenters made no inconsiderable figure K 
The testimony of almost every historian, 
who has written of the period since the 
passing of the Act of Uniformity to the 
present time, is in favour of their pa- 
triotism, their zeal in the cause of liberty, 
and their loyalty to the Protestant suc- 
cession : indeed, it is not possible that it 
should be otherwise. 

As they zealously exerted themselves. Attachment 

to the Pro- 

during the reign of Queen Anne, to 
counteract the designs of the Tory party, 
whose object was, at the decease cf the 
queen, to place the Pretender on the 
throne; as they uniformly avowed their 
decided attachment to the House of 

Hanover ; 

(1) See Note XIX. 



testant suc- 
cession. 



I 



128 ON ELIGIBILITY TO 

Essay III. Hanover ; as they used their most strenu- 
ous efforts to retain the succession, as by 
law estabUshed, in the person of George 
the First; they subjected themselves to 
the severe animadversion of the Court 
and Tory party, whose spleen vented itself 
in the abominable ' Schism Bill/ and the 
' Bill to prevent occasional Conformity/ 
both which were repealed on the accession 

Love to of George the First. It cannot, therefore, 

the present 

Royal |3g matter of surprise, that the Protestant 

Family. ^ 

Dissenters, above all others, should exult 
in the advancement of the present Family 
to the British throne. And, indeed, 
they esteem it a subject of high congra- 
tulation, that, from the testimonies al- 
ready adduced, and many others that 
might be added, it is manifest, that from 
* the accession of George the First, and 
even long before, the principles which 
led to that memorable event have been 

cherished 



OFFICES OF PUBLICK TFvUST. 12^ 

cherished and avowed among Protestant essay hi. 
Dissenters. Nor is it hkely that their 
attachment to those principles should 
change ; for it was round the sacred stan- 
dard of civil and religious liberty they at 
first rallied, and that cause they have 
continued strenuously to advocate. As 
long, therefore, as that unrivalled Consti- 
tution, which rests upon these firm 
materials, shall remain unshaken, so long 
Protestant Dissenters will continue the 
steady friends of its glorious peculiarifies. 

My third reason for maintaining the Thirdly: 

Dissenters 

full eligibility of Protestant Dissenters to can give 

everj' de- 

offices of publick trust, is, that they can sii-^biese- 
give all that security for the discharge 
of every duty attached to these ofSces, 
which can be expected, or which the 
Episcopalian can offer. 

In every point of view, their moral Their moral 

character, 

habits are equal to those of any class of 

K the 




ON ELIGIBILITY TO 

the community; and the integrity, the 
abihty, and UberaUty of their general 
character, is such, as to justify the expec- 
tation, that, if they were admitted into 
official stations, they would fill them 
with as much honour to themselves, and 
advantage to the nation, as any of their 
fello^- subjects. 
They admit Ap^aiu I thcv hold an oath to be sacred 

the obliga- ^ ^ 

ol'th &r' ^^^ binding, in its most extensive sense. 
The authority appealed to, they revere; 
the importance of the transaction they 
acknowledge and feel. In all the depart- 
ments of trust to v^hich the subjects are 
admitted in our constitution, an oath 
should be acknowledged as the most 
sacred pledge that can be given by the 
one party and received by the other : and 
if a subject be qualified, in every other 
respect, for the office he is desirous to fill, 
and be capable of giving his country 

evidence 



OFFICES OF PUBLICK TRUST. 131 

evidence that he reveres the great Author ^,^^J[5' 
of his being ; that he is conscious of the 
sacred nature of the Divine perfections, 
and impressed with a sense of the detes- 
tation v^ith which the Divine Being must 
witness the act of perjury, and the re- 
wards and punishments which will in- 
evitably follow virtue and vice; he then 
becomes, in every respect, a good and 
legitimate claimant to the office in 
question. 

From the reasoning I have already 
offered, it necessarily follows, that all 
Protestant Dissenters should be eligible 
to fill offices of trust. Their religious 
doctrinal sentiments are no more inimical 
to the good order of society, than those 
professed by Episcopahans ; their views 
of church government and discipline 
have no political bearing; they are, and 
always have been, firm friends to the 
K 2 principles 



132 ON ELIGIBILITY TO 

Essay ih. principles upon which the constitution is 
founded ; and no class of subjects have 
more uniformly maintained their adhe- 
rence to all the distinguishing features of 
the British Government. They bow to 
the same divine authority, and receive 
the same sacred oracles as their Episcopal 
brethren ; and every lawful expectation, 
for the upright and able discharge of 
publick duties, is likely to be as fully 
realized in them, as in others : for, '' Qui 
^' modes te paret, videtur, qui aliquando 
" imperet, dignus esse. Itaque oportet 
^' et eum, qui paret, sperare se aliquo 
^' tempore imperaturum^." 

The argu- It is ouc of the principles of our con- 

meiit exa- 
mined on stitution, that every class of subjects has 

which their >' J 

justmtr'' ^ claim to situations in those depart- 
ments of the state, which, from their 

rank 



(1) Cic. de Leg. lib. III. 



OFFICES OF PUBLICK TRUST. 



133 



rank and abilities, they are qualified to ^^^^• 
fill ; unless it be found expedient, for the 
general good, to prevent their admission. 
Now, that no such expediency exists in 
the present case, I must maintain. Such 
an expediency, from views of civil policy, 
has never been pretended to exist. ^ But,' 
it is said, ' the church could not maintain 
its ground, were it not for the test 
which is opposed, in order to prevent 
the admission of any but Episcopalians : 
it is expedient, therefore,' it is stated, 
for the preservation of the ecclesias- 
tical branch of our constitution.' This 
is the chief, and, indeed, the only argu- 
ment that can be advanced, to justify a 
measure so harsh as that which precludes 
persons so well qualified in every respect, 
and so completely eligible, as Protestant 
Dissenters, from offices in the government. 
This argument will be easily shewn to 

have 



134 ON ELIGIBILITY TO 

^1!^L5'' have no force in it, when estimated by a 
principle which every EngUshman consi- 
ders one of the peculiar glories of the 
constitution* The existence of any mea- 
sure can be justified only so long as 
it meets with the concurrence of the 
majority in the nation. It is only on 
this principle that the Episcopalian can 
call his the National Church: it meets 
with the approbation and support of the 
Jt^uwn"" inajority. Now, then, the argument for 
rests. ' keeping Protestant Dissenters out of 
offices of trust, supposes, that the church 
has the majority of the people on its 
side : but why, then, should the church 
entertain a fear of ever sinking, through 
the admission of others, besides its own 
members, into the legislature. If the 
establishment could be endangered, that 
danger could arise only by the increase 
of votes against it. But here the prin- 
ciple 



OFFICES OF PUBLICK TRUST. 135 

ciple upon which the Episcopalian justifies essay iii. 

the existence of his church, as a national 

establishment, silences him at once ; for 

when the majority of the House of Lords 

and of the House of Commons become 

Dissenters, it is evident that the majority 

of the nation also are Dissenters; and, 

therefore, upon the Episcopalian's own 

principle, he must resign all claim to call 

his the National Church. This is one of 

the soundest principles of government : 

it is a dictate of the truest philosophy : 

it was perceived and admitted, in all its This was 

acknow- 

force, by that justly celebrated clergyman, Jj^^=^^ ^y 
and moral philosopher. Archdeacon Paley : 
'' If," says he, " the dissenters from the 
'^ establishment become a majority of 
'' the people, the establishment itself 
'' ought to be altered or qualified. If 
^' there exist, among the different sects, 
'' such a parity of numbers, interest, and 

'' power. 



136 



ON ELIGIBILITY TO 



Essay III. ^^ powcr, as to render the preference of 
'' one sect to the rest, and the choice of 
'' that sect, a matter of hazardous success 
'' and of doubtful election, some plan, 
'^ similar to that which is ineditated in 
'' North America, though encumbered 
*' with great difficulties, may perhaps 
'^ suit better with this divided state of 
'' publick opinions, than any constitution 
^' of a national church whatever ^" 

As long as the Episcopalian retains 
the superiority of numbers and of in- 
fluence, so long his church must be called 
the Establishment ; but when the ba- 
lance preponderates on the other side, 
he must relinquish his claim to national 
patronage. As things now stand, all 
competition is precluded ; and were nine 
tenths of the nation to unite under any 

deno- 



Test Act 
prevents 
the opera- 
tion of this 
principle. 



(1) Paley's Moral Philosophy, vol.11, bookvi. chap. 10. 



OFFICES OF PUBLICK TRUST. 137 

denomination of Protestant Dissenters, it ^^J^^- 
is Episcopalians, and Episcopalians alone, 
that could be admitted into offices of 
pnblick trust, in the various departments 
of the state. 

I shall close the present essay with a 
few observations upon the most defen- 
sible terms of admission into office. 

The present terms of access to office P^^=ent 

-•- terms or 

include the receiving of the Lord's Sup- -^^^^^^.^ 
per, according to the forms of the 
established church ; and, as the con- 
sciences of Dissenters cannot submit to 
this requisition, without a total dere- 
liction of principle, they are excluded 
from those situations of trust, emolu- 
ment, and honour, to which, under a free 
toleration, the property, influence, and 
especially the talents, of many, would 
obtain their promotion. Doubtless, the 
object of the law is, to exclude bad men 

from 



138 ON ELIGIBILITY TO 

EssAYiii. from those situations : but the question 
naturally returns ; Are these terms calcu- 
lated to promote the object which the 
law is aiming to accomplish ? Is it 
not probable, that a Protestant Dis- 
senter would execute the duties of any 
lawful office, with more scrupulous in- 
tegrity than an Atheist or a Deist, or 
even a Papist ? These men can obtain 
promotion upon easy terms ; they have 
liberated themselves from the shackles 
of conscience, and, therefore, may swear 
any oath, or submit to any ceremony, 
that the legislature prescribes, as a quali- 
fication for office ; and, for the same 
reason, may betray the confidence reposed 
in them, without any other hesitation 
than what arises from a question upon 
its expediency. But, if the Protestant 
Dissenter, from a conscientious regard 
to principle, resists every lucrative temp- 
tation 



OFFICES OF PUBLICK TRUST. 13.9 

tation to conformity, is it not reasonable essay hi. 
to conclude, that this conJ&rmed venera- 
tion for the dictates of conscience would 
prevent him from committing those 
breaches of publick trust, into v^^hich 
many have lapsed, whose principles have 
been less decisive, and their consciences 
more flexible ? 

To constitute the receiving of the on the sa- 
crament as 

Lord's Supper a test of admission into ^'^^^^• 
office, is a very awful profanation of the 
most solemn rite of the Christian Church ; 
and, perhaps, nothing tends so much to 
weaken the obligations of an oath, in the 
consciences of men of lax principles, as the 
prostitution of this sacred ordinance; by 
compelling them to advance to the altar, 
as a condition of their obtaining promo- 
tion at the hands of their sovereign. Who, 
that profanely receives the memorials of 
the Redeemer's dying love, and has no 

other 



I 



140 ON ELIGIBILITY TO 

Essay III. other end to attain, in going to the altar, 
but to pass by it to a situation of emolu- 
ment, will scruple to swear any oath 
that is exacted, whether he designs to 
observe its contents, or to depart from 
them, whenever his own convenience 
presents a temptation? 

An oath Xo rcmedv this evil, let an oath be the 

the most •' 

condTtionof ^^^Y ^cst of admlssiou I let that oath 
into office, include a renunciation of all sentiments 
that corrupt the morals of society, — an 
avowal of behef, in the being of a God, 
and the authenticity of the Scriptures ; 
and a profession of allegiance to the 
government. Thus every virtuous and 
loyal subject would have an opportunity 
of serving the state, in any department 
to which his talents could recommend 
him ; and, though bad men might gain 
access by profaning their oath, the govern- 
ment would not be accessary in rendering 

their 



OFFICES OF PUBLICK TRUST. 141 

their consciences more callous ; by pre- es^ajJ^^- 
sentino* an irresistible inducement, " To Prostitu- 

^ tion of the 

- tread under foot the Son of God, and ^if'^""^' 
*' count the blood of the covenant an 
''unholy thing;" by tempting him to 
prostitute every decision of his judge- 
ment, w^hich might ultimately terminate 
in a fixed principle of virtue; and by 
almost compelling him impiously to han- 
dle and taste the holy symbols of the 
broken body and shed blood of our Lord 
Jesus Christ. 

" With respect to qualifyinp* for Eariof 

-L T. J O Yarmouth's 

'' offices, &c. the Earl of Yarmouth said, ''^^^''^- 
" he feared that Act of Parliament, v^hich 
'* designed so much good, would, in time, 
'^ take away the reverence due to that 
" holy ordinance, and make it a formal 

" thing, only to be done of course \'* 

The 

(l) See Dr. Hildeyard's Sermon at his funeral. Dis- 
sent of the Lords on the occasion of the bill's passing. 




142 ON ELIGIBILITY TO 

Essay III. The v^ords of Towgood on this 

subject, are solemn, and deserving atten- 
tion. '' Could I allow myself," savs he, 
" to hate and wish ill to the church, 
'* I would most heartily wish it perti- 
'' naciously to hold fast this shameful 
'' corruption. I would wsh it by no 
'' means to give up this open profanation 
" of the authority and name of Christ, 
" this prostitution and perversion of a 
'^ holy sacrament of his religion; this 
'•' destruction of all discipline, this open 
'' door for the reception of the most 
" abominable and profane to its holy 
'' mysteries and rites. This, if I wished 
'' ill, I would earnestly wish your church 
'' inflexibly to continue; not doubting, 
'' but, if long continued, it will surely at 
^* length bring down upon it the heav}^ 
'^ anger of Almighty God, the just re- 
^' sentment and jealousy of a despised 

'' and 



OFFICES OF PUBLICK TRUST. 143 

'' and insulted Saviour, and the deep Essay iii. 
" scorn and contempt of all vvdse and 
^' thinking men^" 



(l) See Towgood's Reasons for Dissent^ pp. QS-6g. 



144 



Essay IV 



ON LICENSING PERSONS AND PLACES FOR THE 
PERFORMANCE OF DIVINE WORSHIP. 



** These religious societies I call churches ; and these, I say, the 
magistrate ought to tolerate. For the business of these 
assemblies of the people is nothing but what is lawful for 
every man in particular to take care of; I mean the sal- 
vation of their souls : nor in this case is there any difference 
between the national church, and other separated con- 
gregations." 

Locke, on Toleration. 

Essay IV. 1t lias been argued, in a preceding essay, 
lutroducto- that the authority of the magistrate 

ry remarks. 

does not extend to conscience ; but it 
has been granted, under the article of 
Limitations, that, when rehgious prin- 
ciples are openly professed, it becomes 

the 



PERSONS AND PLACES. 145 

the duty of the legislature to investigate essay iv. 
them, and mark the precise point, at 
which they begin to militate against the 
security of the state. This being admit- 
ted, Protestant Dissenters do not entirely 
reject the interposition of the ruling 
powers ; but offer security for the pre- 
servation of the publick peace, on their 
part ; and claim, in return, protection 
from personal insult, publick disturbance, 
and depredations upon the houses in 
which they assemble. Thus their views 
of the extent to which a subject should 
be accountable to the state for the articles 
of faith he professes, and the mode of 
worship he practises, and also the 
degree of sanction expected from the 
authority of civil rulers, exactly coincide 
with the general principles of the 
social compact. 

To present the subject under a perspi- ^^"^"^^ 

^ r r division of 



146 ON LICENSING 

Essay IV. cuous form, I shall, — Assign political rea- 
sons, why the legislature should enjoin an 
application to subordinate magistrates for 
the licensing of Meeting-houses : — State 
the principles upon which Protestant 
Dissenting Ministers apply for personal 
licenses : — She^w, that all ought to be 
licensed ^vhose principles are not inimi- 
cal to the peace of society : — and, finally. 
Consider the propriety of limiting to 
those, ^who are exclusively engaged in 
the ministry, the exemptions attached 
to licenses for preaching. . 

Political LI shall assiern political reasons 

reasons why ci x 

ing-houfe w^hy the legislature should enjoin an ap- 

should be , . . it • r 

licensed. plicatiou to subordmatc magistrates, tor 
the licensing of Meeting-houses. 

By political reasons, I intend those 
which are suggested by the expediency 
of any measure, to promote the general 

good 



PERSONS AND PLACES. ' 14/ 

good of the community, and the s^ecurity ^f_^^^* 
of the state. 

First: to prevent conspiracies in ^^f^^^*'' 
clandestme assembhes. cies. 

All places of publick resort should 
be known to the government ; and the 
specifick purposes, for v^hich such places 
are used, should be assigned : and 
among the other places of publick meet- 
ing, those houses should be included, 
which are appropriated to religious 
worship. Many evils have arisen in 
nations, by permitting publick assemblies 
to be held without license from the 
supreme power ; or, by prohibiting them 
altogether. In the former case, the 
people have become turbulent, and a 
spirit of licentious democracy has quickly 
tainted the whole nation. In the latter 
instance, secret meetings have been 
the certain consequence ; and, out of 
L 2 these 



Evils of 

clandestine 

meetinsrs. 



148 ON LICENSING 

Es^Yiy. these have arisen, treason, conspiracy, 
and even open rebelUon^ Under the 
pretext of religious assemblies, pohtical 
machinations, also, have been formed, 
and have, sometimes, assumed a formida- 
ble aspect. 

What But, perhaps, the most effectual 

should be 

understood mcthod of Dreventinp; treasonable meet- 
by such ■*- "-^ 

license. '^^^^ undcr thc cloak of religion, is, to 
require all, who open houses for Divine 
worship, to apply to the magistrate for 
a license. This application to the 
magistrate should amount to no more 
than an account of the place, its situation, 
the use to which it will be appropriated, 
and the names of the proprietors or 
trustees. The license should be, a testi- 
mony from the hand of the magistrate, 
that such notice had been legally pre- 
sented. 

(1) See Note XX, 



PERSONS AND PLACES. 1 4C) 

sented. By these means, government ^^^^'' 
would be in possession of a list of all 
Meeting-houses ; and, if a suspicion 
•existed, that unconstitutional politicks 
were disseminated from the pulpits of 
any sect, the legislature would have 
ample means of ascertaining, whether 
these suspicions were founded on fact ; 
while the circumstance of permitting all 
to worship God in their own way, under 
no other restrictions than those already 
specified, would deprive evil-disposed per- 
sons of an opportunity for assembling 
clandestinely, under the pretext of meet- 
ing to worship God according to the 
dictates of conscience. 

It is not matter of surprize, that nume- c*^^^^- 

^ quences of 

rous plots were agitated against the state J-^enlef 
in the days of Elizabeth and the Stuarts ; 
for, as thousands of pious persons were 
necessitated to assemble with privacy, and, 

some- 



150 ON LICENSING 

Essay IV. sometimes 'in the night, if they would 
obey the dictates of conscience; and as 
these meetings, though private, became 
frequent over the whole kingdom ; men, 
whose design Tvas to subvert the state, 
could also meet, without producing any 
serious alarm, even if they were detected; 
and, in case of detection, they would 
cheerfully pay the penalty attached to 
assembling in a conventicle, while no 
suspicion of their political machinations 
would be excited. But, in our day, 
when all may publickly worship God 
according to the dictates of conscience, 
if bad men were to confederate, and form 
themselves into a society of any conside- 
rable magnitude, their meetings must 
immediately attract the attention of the 
magistracy. 

Secondly: Sccondlv I application to the map;i- 

to insure »/ x x o 

to thelaws. strate for the license of Meeting-houses 

is 



PERSONS AND PLACES. 151 

is necessary, in order to insure obedience essay iv. 
to the laws. 

Persons, so immediately under the 
eye of government, could not break the 
laws with impunity; and the circum- 
stance of being closely inspected, and 
liable to reprehension, would stifle in 
embryo every idea of practising or teach- 
ing any thing contrary to the laws 
of the country. But the most obvious 
benefit resulting to the community, in 
thus insuring obedience to the laws, 
would arise from the entire suppression 
of those doctrines, which, from their 
pernicious tendency, were prohibited 
from being taught. We have seen, that 
limitations must be prescribed, if the 
peace and prosperity of the nation are 

to remain unimpaired. Exceptions have % prevent- 
ing the dis- 

have been advanced against those prin- semination 

^ ^ or principles 

ciples, which sanction the practice of the^statl! 

vice ; 



152 OJSr LICENSING 

Essay IV. vicc ; thosc which excite a spirit of re- 
sistance against the ruling powers ; and 
those which withdraw from the com- 
munity the pledges of faith, and bonds 
of mutual obligation. If all places were 
required to be licensed, none of these 
doctrines could be publickly taught, 
without exciting the attention of govern- 
m.ent. If a sect of Fifth- Monarchy men 
were now^ to arise, their meetings would 
speedily be taken under judicial cogni- 
zance; or, if the law prohibited the 
exercise of the rites of the Romish church, 
no place could be appropriated for the 
celebration of publick mass and its ap- 
pendages, without inviting the attention 
of some neighbouring miagistrate. Thus, 
if licenses were granted, upon a plan at 
once liberal and prudential, obedience to 
the laws would be insured, by removing 
the plea for transgression, and by ren- 
dering 



PERSONS AND PLACES. 153 

dering it more difficult to elude the law, essay^. 
or break it with impunity. 

Thirdly: to afford protection to loyal ^^'^^^ff^ 

and obedient subjects, in the exercise of ject^'nthe 

exercise of 

religious duties. reii-ion. 

In every age, a spirit of persecution 

has manifested itself in the breasts of 

some individuals: and, even in this % prevent- 
ing perse- 
enlightened day of civil and religious 

liberty, the truly pious are often called 
to verify the declaration of St. Paul, 
that, '' All, who will live godly in Christ 
'' Jesus, must suffer persecution." Bad 
men are still prodigal of those opprobri- 
ous epithets, ^fanatick,' ^hypocrite,' and 
' methodist.' He, whose conversation 
savours of heavenly and eternal things, 
must run the gantlet, between the lashing- 
persecution, and the pelting scorn, of an 
ungodly world. While these are facts, 
attested by daily observation, do thej- 

not 



154 ON LICENSING 

EssAYiv. not prove the existence of a spirit, at 
once hostile to the peace of society, and 
to the interests of genuine reUgion? 
Would not those principles, which sanc- 
tion calumny, also encourage coercion } 
Or, would not those dispositions, which 
vent themselves in expressions of deep- 
rooted malignity, reap high satisfaction 
from burning a conventicle, or placing a 
Dissenter in the stocks ? Hence, it is ne- 
cessary for the power of the magistrate 
to be exerted, for the preservation of 
peace, and the protection of the persons 
and property of quiet and obedient sub- 
jects, whose only crime is, that of 
retaining purer morals than their perse- 
cutors. 
Special pro- Xhc protcctioii that is extended to 

tection due ^ 

Swor^wp!' places of publick worship, or to per- 
sons engaged in leading the devotions of 
the people, should be more eminent than 

to 



PERSONS AND PLACES. 155 

to private dwellings, or to individuals essay iv. 
under other circumstances. As the atro- 
city of an act of outrage against such 
persons or places is greatly increased 
by its profaneness, consequently, the 
punishment annexed to such breacl^es 
of the publick peace should be more 
severe than in ordinary cases. Hence 
is derived another argument for licensing 
places of worship ; that they may be 
publickly recognised as such, and thus 
be placed more immediately under the 
protection of the civil power. 

This argument appears to apply more ^^i^^y ^^ 
particularly to those who receive licenses, fjyafg^b- 
as they are to experience the benefit that '^^''^'' 
will result from the protection of the 
magistrate; but it also apphes, vice versa, 
to the interests of the legislature. Since 
it is to the advantage of government to 
protect faithful and obedient subjects, it 

becomes 



156 



ON LICENSING 



Essay IV. bccomes a part of its politicks to adopt 
those measures, which will most effectually 
promote that end. If, therefore, enjoining 
an application to subordinate magistrates, 
for the licensing^ of Meeting-houses, be 
among the best means of affording pro- 
tection to loyal and obedient subjects, in 
the exercise of religious duties, that cir- 
cumstance presents a good political reason 
for such a requisition from the legislature. 



The prin- 
ciple upon 
which Dis- 
senters ap- 
ply for 
licenses. 

bbjections 
of some 
Dissenters. 



II. I am now to state the principle 
upon which Protestant Dissenters apply 
for licenses to preach. 

Some Dissepters question the propriety 
of receiving, at the hand of any man, 
a license to preach the Gospel ; alleging, 
that ' Christ, alone, is Lord of conscience, 
^ and King in his Church.' 'But,' say they, 
' to receive a license from human autho- 
' rity, would be a tacit acknowledgement 

' of 



PERSOISS AND PLACES. 1^7 

* of a secondary power in the Church, tan- essay iv. 

* tamount to that of the Redeemer/ In 
this sentiment, hberal Dissenters, in ge- 
neral, do not entirely acquiesce. That 
their views of the extent of the magi- 
strate's authority may be misconstrued, 
from the circumstance of applying to 
him for licenses, must be conceded: yet, 
if we discriminate between civil and 
ecclesiastical authority, these applications 
will admit of a perspicuous and satisfac- 
tory defence. While they protest against 
the assumption of ecclesiastical authority 
by the civil power, they cheerfully come 
forward to profess their loyalty to the 
state; and, in return, claim its protection 
from insult, in the performance of their 
respective modes of Divine worship. 

In arranging the thoughts that occur Division of 

this branch 

under this particular, we shall consider, of the sub- 

Ject. 

What a Dissenter should not expect to 

derive. 



158 ON LICENSING 

Essay IV. dcrive, from the license of the civil ma- 
gistrate; and, What he actually should 
intend, by applying for that license. 

First, what FiTst : ivJiat a Dissenter should not ex- 

a Dissenter 

expect to* P^^^ ^^ derive, from a license to preach 

derive from .7 >-> ^7 
a license. thC IjrOSpeL 

1st. Ability 1st. He should not expect to derive 

to expound 

Scripture. ^^^ dcgrcc of qualification to expound 
Scripture. 

The Holy Ghost, by his illuminating 
influence acting upon human reason, is 
the only expositor of Divine revelation 
in the mind of man. To Him Christ 
ascribes this work, John xvi. 8, 9, lo, 
& 11. ''When he is come, he will 
'' reprove the world of sin, and of right- 
'' eousness, and of judgement : Of sin, 
'' because they believe not on me : of 
'' righteousness, because I go to my 
*' Father, and ye see me no more : of 
" judgement, because the prince of this 

'' world 



PERSONS AND PLACES, 15Q 

'' world is judged." And, again, with im- essay iv. 
mediate reference to the ministerial office, 
Paul charges Timothy : '' That good 
'' thing, which was committed unto thee, 
^^ keep, by the Holy Ghost, which dwell- 
^^ eth in us^" — '^ Consider what I say; 
^' and the Lord give thee understanding 
'' in all things^." With human reason, 
this young minister was to contemplate 
the words of the Apostle; and, by the 
illuminating influence of the Spirit of the 
Lord, he \^^as to acquire a clear appre- 
hension of Gospel truths. To this Divine 
instructor ministers should apply, for daily 
communications of that *^ wisdom, w^hich 
*' Cometh from above;" that they may 
understand the Scriptures, and be qua- 
lified to teach others; that, under his 
unction, their souls may realize the power 

of 

(1) 2 Tim. i. 14. (2) Ibid. ii. 7. 



l60 ON LICENSING 

EssAYiv. q{ Divine truth, and thus be furnished 
for the discharge of ministerial duties; 
that their hearts may be imbued with his 
graces, and thus become wise to win 
souls. But these gifts infinitely tran- 
scend every thing which human authority 
can confer : they boast their origin to 
be from God alone. My natural faculties, 
my spiritual graces, my ability to ex- 
pound Scripture, are the same, whether 
I assume the character of an humble 
itinerant preacher, and travel from 
village to village, or that of a stationary 
dissenting clergyman ; whether I profess 
to receive ordination from the people, 
or at the hands of a Bishop ; whether 
I preach without a license, in an unli- 
censed barn, or have my name enrolled 
in the Archdeacon's Court, and obtain 
a legal sanction for the Meeting-house 
where I officiate. 

2dly. 



PERSONS AND PLACES. l6l 

2dly. He who receives a license from essayiv. 
the mapistrate, should not expect to He should 

O i not expect 

derive from it authority to preach the l^^ltl 

^-^ , the Gospel. 

(jrospel. 

Our authority is derived immediately This comes 

only from 

from Christ, as supreme head of the ^^"^^• 
Church ; for his supremacy is a power, 
which never has been delegated, either 
to an individual, of a community. The 
church of Rome has, through many ages, 
pretended to this mark of the Redeemer's 
confidence; and being aware, that supre- 
macy without infallibility was a paradox, 
she assumed the latter, to support the 
former. But, let us observe the result : 
both were abused, to the most impious 
purposes ; pious men were silenced from 
preaching, and persecuted with severity ; 
profaneness w^as tolerated, and indul- 
gences in sin retailed, with the most 
flagitious impunity; princes were made 

M the 



tAi 



l62 ON LICENSING 

Essay IV. the tools of Papal ambition ; and pre- 
lacy was exalted above the monarchical 
powers. But, whither is she fallen ? where 
is her supremacy ? and whence has her 
infallibility departed ? The splendid struc- 
ture of her political economy is reduced 
to ruins : recent occurrences have ex- 
posed to contempt the pretended stability 
of her spiritual hierarchy : her glory has 
vanished ; and, 

^' Like the baseless fabrick of a vision, 
^' Left not a wreck behind." 

Never was Surclv, in rcccnt events, we have a 

delegated to *' 

civil rulers, jjy^jy dcmonstratiou, that neither supre- 
macy nor infallibility was delegated to 
her by the Author of the Christian re- 
ligion. And whence, among ourselves, 
is derived the supremacy of the civil 
power in the Church of Christ ? To the 
period when it was assumed, we are no 
strangers ; but the era, at which it was 

delegated, 



PERSONS AND PLACES. 103 

delegated, has never yet been ascertained, essay iv. 
And, if the magistrate be not the supreme 
head of the Church, the objection of a 
conscientious minister to ask, at his hands, 
authority to preach the Gospel, is founded 
upon the plainest dictates of reason. 

Ap-ain : as the nature of the Gospel ^\^. ^°'p^^ 

O X entirely di- 

1 , 1. 'j.1 ' J. stinct from 

message does not connect with it any politicks. 
question upon politicks, but confines its 
efforts to the moral and spiritual welfare 
of individuals, the interposition of the 
civil power is not only superfluous, but 
even prejudicial. That the Gospel is, 
intrinsically, the greatest blessing that 
ever was conferred upon mankind, is an 
axiom, in which all parties of Christians 
concur. That it should be disseminated 
as widely as possible, is a necessary de- 
ducement ; and the only problem which 
remains to be solved, is this : From 
whom must individuals derive their 
M 2 author 



l64 ON LICENSING 

Essay IV. authority, to '' Go into all the world, and 
'' preach the Gospel?" We have seen, 
that Christ has not delegated this powder 
to the civil ruler : it cannot be an here- 
ditary appendage to episcopacy ; for the 
episcopal church has its origin and privi- 
leges from the civil legislature, and is 
liable to dissolution, w^henever the King 
and the Parliament concur to terminate 
its existence. But the Gospel is destined 
to spread among the nations, till time 
shall be no more ; and to flourish in the 
earth, when the proudest kingdoms, with 
their respective hierarchies, are tumbled 
into ruin. Therefore, to Him, who is, in 
his Church, ''the King eternal, immortal, 
'' invisible, the only wise God\" we 
must refer, for our authority to preach 
the Gospel. 

The 

(I) 1 Tim. i'. 17. 



PERSONS AND PLACES. l65 

The importance of its object, also, essay iv. 
demands this independence of human itsimpor- 

-*- tance for- 

sanctions. Thousands of souls are con- ^l^^ ^o^^*' 
stantly perishing, *' for lack of know- th^itLr' 
^' ledge ^." In our day, as in the days of 
Christ, '^ the harvest truly is plenteous, 
'^ but the labourers are fcomparativelyj 
'' few^." I intend nothing invidious to 
the Clergy of the Establishment; and, 
therefore, shall appeal only to one fact, 
which will not affect either their doc- 
trine or discipline. How small a pro- 
portion of the people of England can be 
accommodated in their parish churches ! 
and, how very disproportionate is the 
number of parochial ministers, to the 
amount of the population throughout the 
kingdom ! 

Admittinp;, then, that men were better "^^^^onse- 

*-> queut im- 

, 1 , pietyofin- 

taUgnt terferin°^,to 

prevent the 

preaching 

of the 

(2) Hosea iv. Q. (3) Matt. ix. 3;. ^"P^^* 



l66 ON LICENSING 

Es^4 yr^. taught at the Church than at the Meeting- 
house, it would still be an act of impiety, 
to prevent peaceable subjects, out of the 
Establishment, from going abroad among 
their neighbours, and teaching them to 
the best of their ability. But, if our 
authority must be derived from the 
magistrate, it presupposes, that he may 
sanction one man, and silence another. 
And v^ho can insure, that the better man 
will not be rejected, while the other 
obtains a commission ? Or, who can 
insure, that, ultimately, all may not be 
rejected, who do not acknowledge the 
Archiepis copal jurisdiction ? 

The Britisii It is, further, worthv of observation, 

legislature *^ 

terdainf' ^^^^^ ^'^^^ British legislature can pretend 

to this au- T . ^ -, . r, 

thoritythan to no authority over the consciences or 

others. n • i • i 

its subjects, which may not, with equal 
propriety, be claimed by all other go- 
vernments: consequently, if the authority 

of 



PERSONS AND PLACES. 1 67 

of the magistrate be essential, as a quali- ^^'^• 
fication to preach the Gopsel, I ou<>;ht <^«"«^- ^ 

•*- i o quence of 

not to preach in Spain, v/ithout the sane- thrmS? 
tion of a Papist ; nor in Turkey, without authorit3^ 
the acquiescence of a Mohammedan : I 
ought not to exhibit a crucified Redeemer 
in the empire of Japan, or in the domi- 
nions of the Persian sovereign, without a 
license from the ruling powers in those 
idolatrous states. And, if this principle 
be assumed, Christ was justly punished 
with death, for teaching, among the Jews^ 
a religion which the Sanhedrim would 
not consent to tolerate. Paul was im- 
pertinent in his conduct at Athens, while 
he opposed the Grecian mythology ; and 
merited death, at the hands of Nero, for 
setting forth a strange unlicensed God in 
the capital of the Roman empire. And, 
the use of all those means, by which the 
Gospel was at first promulgated in the 

world, 



l6S ON LICENSING 

Essay IV. world, was ail impious resistance of the 

powers ordained of God. 
The nature But, finally : thc nature of a call to 

of a call to 

dtX^hu- Pleach the Gospel, decidedly excludes the 

man autlio- . . . ^ ^ • • i 

lity. intervention or the civil power. 

I shall not here enter into a compre- 
hensive discussion of the nature of a call 
to the ministerial office; but deduce 
my proposition from a sentiment, admit- 
ted equally by conformists and noncon- 
formists. It is essential to the nature of 
a call to preach, ' that a man be moved by 
^ the Holy Ghost, to enter upon the work 
^ of the ministry^ : ' and, if the Spirit of 
God operate powerfully upon his heart, 
to constrain him to appear as a publick 
teacher of religion, who shall command 
him to desist ? We have seen, that the 
sanction of the magistrate can give no 

autho- 

(1) See Note XXIL 



PERSONS AND PLACES. 16Q 

authority to preach the Gospel: and, if essayiv. 
he were to forbid our exertions, we must 
persist in the work: we dare not relin- 
quish a task that God has required us to 
perform ; we cannot keep our consciences 
in peace, if our lips are closed in silence, 
while the Holy Ghost is moving our 
hearts, to proclaim the tidings of salva- 
tion : '' Yea, w^oe is unto me," saith St. 
Paul, ''if I preach not the GospeP." 
Thus, when the Jewish priests had taken illustrated 

in the case 

Peter and John into custody, and, after oftheApo- 

*^ sties. 

examining them concerning their doc- 
trine, '' commanded them not to speak at 
'' all, nor to teach in the name of Jesus,'* 
these Apostolical champions of the cross 
undauntedly replied : '' Whether it be 
'' right, in the sight of God, to hearken, 
'' unto you, more than imto God, judge 

'' ye : 

(2) 1 Cor. ix. 16. 



]70 ON LICENSING 

EssAYiy. ^' ye : for, we cannot but speak the 
^^ things which we have seen and 
'' heard ^" Thus, also, in our day, when 
the Holy Ghost excites a man to preach 
the Gospel to his fellow sinners, his mes- 
sage is sanctioned by an authority, which 
is '' far above all principality and power;" 
and, consequently, neither needs the ap- 
probation of subordinate rulers, nor ad- 
mits of revocation by their counter- 
manding edicts. 

A minister sdly. Hc, ^who rcccivcs a license, 

should not 

expect a sliould not cxDCct to dcrivc from it a 

testimony ■*- 

cLlon^'^ testimony of qualification to preach. 
Noindivi- It w^ould be erossly absurd, to seek 

dual is com- 

petent to ^ tcstimonv of this description from any 

decide. j l J 

single individual, even though he were 
an experienced veteran in the service of 
Christ ; for, all are fallible, and, under 

some 



(l) Acts iv. 18, 19, 20. 



PERSONS AND PLACES. 1/1 

some unfavourable prepossession, even essay;iv. 
the wisest, or the best of men, might 
give an erroneous decision upon the case. 
But this observation will gain additional 
force, when we suppose the power of 
judging transferred to the person of the 
magistrate. We cannot presume, that 
a civil ruler understands as much of 
Theology, as a minister of the Gospel. 
His necessary duties prevent him from 
critically investigating questions upon 
Divinity; and confine his attention to that 
particular department, which society has 
deputed him to occupy : and, hence, to 
expect at his hands a testimony of qua- 
lification to preach, would be almost as 
ludicrous, as to require an obscure 
country curate to fill the office of Lord 
Chancellor. 

But again : admitting that a magi- ,^~!^ 
strate, who is nominated by the sove- notascer-' 

tain who is 
rei2fn qualified* 



1/2 ON LICENSING 

EssAYiy. reign to issue forth licenses to dissenting 
ministers, is competent to the task of 
judging of their natural and acquired 
abilities, it must still remain a doubtful 
question, whether they are moved to 
preach by the influences of the Holy 
Ghost ; for it is the prerogative of God 
alone, to *^ search the heart, and try the 

'' reins ^ " of the children of men. Con- 
sequently, after every effort of the ruling 
powers, to assume to themselves the 
right of judging whether a man be or 
be not qualified to preach, the most 
essential property of the call must remain 
to be determined by the conscience of 
the individual. 

It is, further, worthy of observation, 
that the talents of a preacher may be 
acceptable to many persons, if not to 

him 

(l) Jeremiah xvii. 10. 



PERSONS AND PLACES. 173 

him who issues the hcense. The taste essay w. 

of a person, thus high in office, may be 

too refined to derive gratification from 

any, but the most learned, intelhgent, 

and accomphshed preachers. Yet, as the Thehearers 

^ -»- must judge 

Gospel is sent to the poor as well as to ster4^(^aTj 
the rich, perhaps hundreds of preachers 
may be highly acceptable, much esteemed, 
and eminently useful in their respective 
circles, who would be despised, as men of 
mean attainments, by one, w^hose mind 
is well stored with literature, and culti- 
vated by science. From these remarks I 
infer, that a man's own judgement must 
be the criterion, in determining what 
line of conduct to pursue before he 
begins to preach : and the opinion of 
the people, to whom he ministers, 
must determine, whether it be desi- 
rable that he should continue to fill 
their pulpit. 

I noM- 



174 ON LICENSING 

essayiv. I now proceed to shew, Secondly, 

Secondly: zcJiat a Disseiiter actually should mtend, 

what a Dis- »^ 

should % applying for a license to preach, 

'apptyingfor 1 st. To ofFcr Ms oath, as a pledge of 



a license. 



To offer ^^J^^J ^ ^^^ of liis determination to preach 
a pledge of nothing inimical to the state. 

This expression of deference for the 
civil power is required by the law ; and, 
when the law does not require any con- 
cessions, which are at variance with the 
dictates of conscience, obedience becomes 
a positive duty. The legislature may 
have many reasons, of incalculable mag- 
nitude, for enacting a certain law; but, in 
consequence of my ignorance concerning 
those reasons, the supposed law may ap- 
pear to me to be the effluence of caprice ; 
yet, if that law does not enjoin any thing 
contrary to the dictates of conscience, 
to resist, or to refuse obedience to it, 
would be equally an act of rebellion 

against 



PERSONS AND PLACES. 175 

against God, and against the power that essay iv. 
he has ordained. But, the question, now 
under investigation, rises far above this 
bhnd obedience, by presenting weighty 
arguments to justiiy such a requisition. 

A regiular pohcy in issuing; out Ucenses Policy of 

i=> r ^ to the state 

to preachers, appears to be an object of ''^'J^JJ^k 
high importance, to the security of the to be known 

to govern^ 

government, and the general tranquiUity ment. 
of the nation. Numerous principles, laws, 
customs, and private habits, which are 
intrinsically excellent, have been per- 
verted, by the subtle chicanery of wicked 
men, to effectuate the most iniquitous pur- 
poses. Of this number are the doctrines 
of Scripture, and the precepts it enjoins, 
with all their sacred appendages. And, 
among other gross abuses of religion, 
the habit of introducing political disqui- 
sitions into the pulpit must be regarded 
as peculiarly subversive of piety in the 

church 



1/6 ON LICENSING 

Essay IV. church and tranquillity in the state. In 
Prevents our d^j, this practice is generally ex- 
preacbing. pj^ded; and the publick will not hear 
political preachers. But, perhaps, this 
disposition of the publick mind is origi- 
nally derived from preachers ; and the 
general influence of this disposition upon 
that class of the community, may arise 
from the three follov^ing circumstances : 
1st, Licenses are freely granted to Protes- 
tant Dissenters ; and, hence, there is no 
cause for discontent among them, arising 
out of a legislative prohibition from 
disseminating their religious principles : 
2dly, When the license is issued, the party 
who receives it takes the oaths of alle- 
giance and supremacy*, which are binding 
upon his conscience, to suppress every 
word, and even sentiment, that is hostile 

to 

(1) See Note XXIII. 



PERSONS AND x«LACES. 177 

to the government: and, 3dly, The civil ^^^• 
power retains the means of silencing 
him, if he were to break his oath, and 
disseminate sedition. From these three 
circumstances, and their ultimate eiFect 
upon the publick mind, we may infer the 
propriety of the legislature enjoining 
some oath of allegiance to be taken, when 
a license to preach is granted. 

But, perhaps, the most obvious benefit f^^^^^^^l 

- , , . ^ , . persons 

that results to the community from this tr^moppor- 

tunitif? of 

plan of hcensinp- all w^ho become pubKck puhikk 
preachers, is, the exclusion of those, 
who would assume religion as a pretext 
to disseminate corrupt politicks. All 
who are licensed, are thereby brougiit 
more immediately under the inspection 
of the magistrate. Hence> persons of 
this description are deterred from re- 
sorting to religion as a veil to their evil 
machinations, in the manner and degree 
N in 



178 ON LICENSING 

Essay IV. in which they would assume it, if the 
legislature took no cognizance of publick 
speakers, or obseryed their transactions, 
with no other view than to suppress 
them. Under this branch of the subject, 
I must beg the reader to refer to the 
remarks, which occurred under the head 
of Licensing places for Divine worship ; 
as they will illustrate the preceding 
thoughts still further, and shew the pro- 
priety of requiring preachers, also, to 
give in their name and residence to the 
magistrate, and to receive of him a certi- 
ficate, testifying that the register has been 
duly made. 

Aii-ood Here it is worthy of observation, 

men ought 

to comply, that, as a regular application for a license 
to preach, and the taking of an oath of 
allegiance, appear to government to be 
necessary for insuring tranquillity in 
the state, and since neither is contrary 

to 



PERSONS AND PLACES. 179 

to the dictates of conscience, good men essay iv, 
ought to comply with the requisition. 

It should be observed further, that pub- Pubiick 

speakers 

lick speakers have p;reat influence ; they ^^^^ ^''^^^ 

-»- C5 ^ J influence : 

necessarily ingratiate themselves ^vith 
their auditors ; the topicks they discuss 
are popular, with those who attend their 
lectures ; and, frequently, a popular pub- 
lick lecturer is regarded, by a large 
majority of his hearers, as the oracle of 
truth, in that particular science upon 
which he expatiates. These are facts, particularly 

dissenting 

which apply with peculiar propriety to ministers. 
dissenting ministers. The degree of 
natural talent, of literature, and of gene- 
ral information, which they possess, 
exalts them far above the level of medio- 
crity, in those congregations in which 
they officiate. Their integrity, probity, 
and moral habits, command veneration. 
Their frequent, friendly, and affectionate 
N 2 visits 



180 ON LICENSING 

EssAYiy. visits among the people, endear them to 
every family, and to almost every indivi- 
dual of their congregations. 

All these circumstances concur to faci- 
litate the dissemination of any principles 
they are desirous of inculcating. The 
powerful influence of reverential esteem 
will carry these principles home to the 
heart with peculiar energy, and stamp 
them there with an indelible impress. 

Govern- Hcncc, two propositious may be deduced. 

therefore First ; that, whilc it is beneath the 
dignity of a national legislature to tempo- 
rize with any sect, it is highly impolitick 
to alienate the affections of publick 
teachers, by any acts of superciliousness 
or caprice. This being admitted, a 
Second necessarily follows ; that, as 
dissenting ministers possess a very emi- 
nent degree of influence throughout the 
country, it is wise in government to 

require 



secure it. 



PERSONS AND PLACES. 181 

require every one, who receives a license essay iv, 
to preach, to take an oath of allegiance, 
as a pledge of his loyalty. 

The nature of the Gospel message An oath of 

allegiance 

gives ample license to take an oath not "^tib^eTTu 
to advance any thing in the pulpit inimi- ^ ^ ''^^^* 
cal to the state. Its subject is not more 
immediately allied to one form of 
government than to another. It does 
not claim, as a necessary correlative, 
eitlier monarchy, aristocracy, or demo- 
cracy. Paul w^as the same man in 
Jerusalem, at Athens, and at Rome. In 
every place he was a minister of Jesus 
Christ; but, in none of them, a political 
*^ mover of sedition^" The Gospel mes- Nor with 

the Gospel 

sage is entirely spiritual in its nature ; its 
object is, to enlighten the understanding 
by Divine truth; to conquer the obstinacy 

of 

(l) Acts xxiv. 6. 



minister's 
commis- 
sion. 



182 ON LICENSING 

Essay IV. of thc human will; and to meliorate 
the turbulent passions of the mind ; that, 
by transforming the soul into the moral 
image of God, its everlasting happiness 
may be insured, and glory redound to 
that Divine agency, by which the trans- 
formation is effected. The prominent 
doctrines, to which it requires our assent, 
are entirely detached from every political 
question. A conviction of our personal 
guilt and impotency, faith in the ability 
of the Redeemer '' to save them to the 
'' uttermost that come unto God by 
^' hiin^" and the necessity of manifesting 
our obedience to him, whom we profess 
to worship, as, '' over all, God blessed 
''for evermore^" by keeping his com- 
mands, are the leading features of the 
Gospel. Upon these the Christian mini- 
ster 

(1) Heb. vii. 25. (2) Rom. ix. 5. 



PERSONS AND PLACES. 183 

ster is to expatiate with a holy ardour. ^^^"J^- 
But, while these are the distinguishing 
topicks of his mission, it is evident, that 
political disquisitions are foreign to the 
nature of his office; and, even when 
these distinguishing doctrines of the 
Gospel are received under a more qua- 
lified form, they still remain absolutely 
distinct, from every principle which 
militates against civil authority \ 

These remarks naturally lead to the ^^'J^g^^'/p/ 
conclusion, that a minister of the Gospel emi oftheL 
ought not to introduce politicks into the political 

discussions. 

pulpit, except on extraordinary occasions, 
and then with great caution. 

If a day of p;eneral thankspivins; be ^^^^^^^^ 

•^ *^ o o events may 

appointed by the supreme power, and ^^^^-^f^^ 
I on that day conduct publick worship, proved. 
I feel at liberty to notice those circum- 
stances. 



(3) See Note XXIV. 



184 ON LICENSING 

Essay TV. stanccs, in which the appointment origi- 
nated : and, if their pohtical and their moral 
How this tendencies be not at variance, I would 

mav be 

done. excite my auditors gratefully to acknow- 

ledge the goodness of God/ as displayed 
in those particular occurrences, which 
gave rise to the nomination of a day to 
be thus appropriated. If a proclamation 
be issued for a general fast, it is expe- 
dient to comment upon the vices of 
the nation ; and, though this must be 
done with delicacy in relation to persons, 
it requires no qualification in respect 
to their crimes. It may be proper to 
introduce reflections upon any gross vio- 
lation of the rules of morality by parti- 
cular classes in the community, and to 
give that advice to the various de- 
scriptions of hearers, which the crisis 
seems naturally to suggest. These, and 
many other subjects, which have a poli- 
tical 



PERSONS AND PLACES. 185 

tical tendency, maybe discussed upon such ^^V^- 
extraordinary occasions, without incur- 
ring the charge of violating that neutrahty, 
v» lilch Dissenters, in general, profess to 
observe, in the discharge of their publick 
and official duties. As the observance of 
tiic day is an act of obedience to govern- 
ment , as the topicks which have been 
mentioned must sometimes be discussed; 
and, as they might not appear equally 
seasonable at any other time ; the pro- 
priety of embracing such opportunities, 
for the purposes already specified, must 
be obvious to every candid and liberal 
Dissenter. Yet, even upon these occa- oeeppoii- 

tical discus- 
sions, it is departing from the design for J,"^oji^an"^*^' 

which the day was appointed, and hetvokied. 

amounts to a dereliction of Evangelical 

principles, to agitate questions of a deep 

political tincture in a Christian pulpit. 

Hence, from a general principle of 

obedience 



186 



ON LICENSING 



Essay ly. obedicnce to the law, in all matters 
Summary where conscience is not implicated ; from 

review of ■*- 

Ir-J^e^'rlt ^ conviction, that the civil power has 
a right to demand security of publick 
teachers of religion, that they will not 
inculcate any thing inimical to the state ; 
from the degree of weight, which dis- 
senting ministers are capable of throwing 
into the political scale ; and, from the 
incompatibility of politicks with the 

Inferences, subjcct of ^ the Gospcl ; I infer, 1st, that 
the magistrate may justly require my 
oath of allegiance, as a pledge of loyalty, 
and of my determination not to propa- 
gate, under the cloak of religion, any 
sentiments calculated to disturb the 
tranquillity of the state : 2dly, that I am 
at liberty to render the pledge which 
is required, without doing violence to 
the dictates of my conscience: and, 3dly, 
that, as it is required by the law, it 

becomes 



PERSONS AND PLACES. 187 

becomes my duty to obey, in the most essav iv. 
sincere and unequivocal manner. This, 
I conceive, is the first principle to v^hich 
a dissenting minister, by appearing in 
a court of judicature to apply for a 
license to preach, intends to subscribe. 

2dly. A Dissenter, in applying for The dissen- 
a license to preach, advances a claim iter's claim 

^ ' for special 

upon the secular power for special p^'^^^'^^'^"- 
protection. 

He has a natural claim for protection, Natural 

claim. 

arising out of the contract which virtually 
subsists between rulers and their sub- 
jects ; a contract of guardianship on the 
one part, and obedience on the other. 
Having surrendered up part of his natu- 
ral liberty, as an independent individual, 
that he may receive, as a compensation, 
the general advantages of social life, 
and have those advantages rendered 
permanent, by the steady administration 

of 



188 ON LICENSING 

EssAY^/, of general laws, he possesses a claim 
upon the representative of the law, 
for that protection which is implied by 

This not the nature of the contract. This claim, 

alienated. 

then, must remain absolutely unalienable, 
by any other means than his own act of 
delinquency, in breaking those laws which 
are the definite bonds of the compact. 
In secular transactions, he stands upon 
the same basis with his fellow subjects. 
If he be injured in his person, reputation, 
or property, the law should provide for 
him the same means of redress as for 
any other member of the community : 
and, with a discreet legislature, an equi- 
table judge, or an impartial jury, it will 
not appear a question of importance, 
whether the plaintiff be a Jew, a Mus- 
sulman, a Roman Catholick, or a Pro- 
testant ; whether he be a Churchman or 
Dissenter ; whether, except in relation to 

the 



PERSONS AND PLACES. 1 89 

tTie degree of damages in cases of defa- EssAYiy. 
mation, he sustain a private or a publick 
character. The acts of the legislature, 
the decisions of the judge, or the verdict 
of the jury, should award justice to 
plaintiff and defendant, according to 
the circumstances of the case, irrespec- 
tive of the articles of their creed. 

But, the dissenting minister's claim He has a 

special 

upon the maristrate far special protec- ciaimto 

-•- ^-^ -"- ^ protection. 

tion, while engaged in performing the 
duties of his office, is one that merits 
particular attention. 

By special protection, I intend two Definition. 
things : 1 st, that a heavier penalty 
should be annexed to any act of outrage 
against his person, or wilful interruption 
of Divine worship when he is officiating, 
than in ordinary cases of assault and 
disturbance : and, 2dly, that greater fa- 
cility of redress should be afforded him, 

than 



igO ON LICENSING 

^vII^LU* ^^^^ ^y ^^^ customary procedure of the 

law, in the c^ses of private individuals. 
Why he The proprietv of extending: this dep:ree 

should have x i . O & 

such claim, ^f protcction to a dissenting minister will 
appear from the following circumstances. 

He isaser- {Je IS SerVlTlf^ the puhlicli. 

vaut ot the ^ ^ 

pubiick. Without incurring the charge of en- 

thusiasm, we may venture to assert, that 
a minister of the Gospel serves the 
pubiick in an eminent way, and to an 

Byenforc- extcnslvc dcocree. He is, professionally, 

mg' mora- *-^ i. j 

*'^^* the patron of morality, its advocate to 

the world, an ensample of its nature 
to the church, and, consequently, the 
enemy of every sin : therefore, if mora- 
lity be a pubiick benefit, as the Gospel 
tends to promote good morals in society, 
he, who is professedly '^ set for the de- 
*^ fence of the Gospel S" must be an 

eminently 

(1) Phil. L 17. 



PERSOJSrs ANi) PLACES. IQi 

eminently useful servant to the publick. Essay iv. 

But, if we extend the idea yet further, By incul- 
cating those 
and take into the account the nature of principles 

■\\ hich guide 

the Gospel message, its offer of deli- to eternal 

A ^ happiness. 

Tcrance from condemnation to eternal 
misery, presented to sinful creatures, 
whose guilt had incurred that awful pro- 
scription ; and contemplate, as a final 
result, the felicity of a glorified spirit, 
the perpetuity of heavenly enjoyments, 
and the immutable nature of Divine 
love ; all present advantages shrink into 
comparative meanness, and furnish us 
with an admirable comment upon the 
words of Paul: '' Now, then, we are am- 
'' bassadors for Christ ; as though God 
'^ did beseech you by us, we pray 
^^ you in Christ's stead, be ye reconciled 
'' to God; For he hath made him to be 
'' sin for us, who knew no sin, that we 
'' might be made the righteousness of 

^' God 



192 ON LICENSING 

Essay iv. ^^ God in him^" And, when we unite^ 
in one view, the present with the ever- 
lasting advantages, that are immediately 
connected with the reception of the Go- 
spel, human reason will feel constrained 
to draw the inference, that he, who pro- 
mulgates the Gospel in a nation, is emi- 
nently serving the publick. 

His office Again : His office exposes him to more 

exposes him 

to greater ff^^jj. Ordinary dans'er. 

danger. ^ ^ 

That, in every age of the world, a 
spirit of persecution has existed in the 
hearts of the vicious among mankind, 
against those who were eminently pious, 
is a fact too well authenticated, to need 
particular proof, and of which the most 
voluminous martyrologies present a very 
insufficient detail. Numerous facts of 
recent date, also, might be brought for- 
ward, 

(1) 2 Cor. V. 20. 21. 



PERSONS AND PLACES. IQS 

ward, to Corroborate the observation; essay iv. 
but, as the remark is generally admitted, 
it is not necessarj to introduce those 
proofs in the present connexion. 

Now, if this sentiment be admitted, ^^^^^t be an 

object of 

the inference is plain ; that, if ministers ^ickeV'' 
of the Gospel discharge the duties of 
their office with fidelity, their eminent 
piety will excite the malignity of their 
wicked neighbours; and the conspicuous 
situation, which they are called to occupy, 
will expose them to an extraordinary 
degree of antipathy from the enemies 
of the cross. They are '' set for the 
*' defence of the Gospel;" and^ in this 
warfare, no less than in that which is 
'' carnal," he who leads the van, must 
encounter the most formidable opposi- 
tion. In our day, racks and tortures, 
with other sanguinary punishments, are 
disused in religious controversy; but 

o the 



IQ4 ON LICENSING 

Essay IV. the disposition, that, in former ages, ex- 
cited men to apply these cruel engines 
of torture, still reigns in the breasts of 
a numerous class in society; and the 
opposition they express against Evange- 
lical truth, proves, that we are indebted 
to the existing laws, for the continuance 
of peace in the exercise of religious 
duties, rather than to a reform in the 
principles and disposition of those, who 
are '' enemies to the cross of Christ." 

Peiseve- Hcrc it is worthv of observation, that. 

ranee es- 

hlscharrc- although thc rancour of the human heart 

ter. 

rises high against those who publickly 
inculcate the humiliating and purifying 
doctrines of the Gospel, the nature of 
the Christian minister's commission con- 
stitutes perseverance an indispensable 
duty. The pious, disinterested minister 
of Jesus Christ, must continue faithful 
to his charge, and steady in executing 

his 



PERSONS AND PLACES. 1Q5 

his commission, even though he should, essaviv. 
thereby, incur the obloquy of his neip'h- He must 

•^ ' ^ '^ ^ not fear 

hours, or even death at their hands. ''°"^^' 

^ quences* 

Consequently, every effort to suppress 
the exertions of such persons, unless 
accompanied by their total extirpation, 
must ultimately prove abortive. Having 
embarked in the same cause with the 
p-reat Apostle of the Gentiles, they desire Perseve-* 

^ -^ -^ ranee of 

to feel animated by the same holy ardour, ^^ ^^""^^ ,, 

-^ •^ ' nis example. 

which produced that bold and energetick 
exclamation : ^' But, what things were 
*^ gain to me, those I counted loss for 
'' Christ: yea, doubtless, and I count all 
'^ things but loss, for the excellency of 
^^ the knowledge of Christ Jesus my 
''Lord^;" &c. Now, if preachers of 
the Gospel be thus decided what line of 
conduct to pursue, if conscience impel 
them forward, in the arduous cause to 

which 

(1) Phil. iii. 7, 8. 

o2 



196 



ON LICENSING 



Special 
protection 
granted to 
other pub- 
lick cha- 
racters. 



Es^AYiy. which their hearts are attached, and if 
their exertions be conducted in a peace- 
able manner, they merit that specifick 
. degree of protection, which the pecuUar 
exigencies of their circumstances require; 
and more especially so, as those peculiar 
exigencies arise out of the regular dis- 
charge of their official duties. 

Every officer of the law, while engaged 
in discharging the duties immediately 
connected with his office, is under the 
special protection of those laws, which 
he is administering. And thus, also, every 
minister of religion, who is recognized 
by the law, should be taken under 
its more immediate protection. By his 
conspicuous station, he is more exposed 
to the malignity of the vicious, than men 
in general. Hence, we derive an argu- 
ment for the infliction of heavier penalties 
on those by w horn he is molested. These 

cases 



PERSONS AND PLACES. 197 

cases will probably return more frequently essay iv. 
in his experience, than in that of pri\^ate 
persons ; and, consequently, his means of 
redress ought to be more direct and speedy. 

Another argument, in corroboration Policy of 



STOvernment 



of the preceding remarks, may be ^^ ^^^"''^ 



the influ- 
ence of 



teachers. 



deduced, from the weight of influence aSnting 
which the dissenting minister throws into 
the scale of loyalty. 

As his influence in society is great, 
and he voluntarily pledges his veracity 
not to excite a spirit of disaffection to 
the government, he is entitled to a par- 
ticular degree of protection. Through 
the mercy of God, tranquillity nov^ 
reigns in Britain. We are not permitted 
to become the prey of contending fac- 
tions, nor to v^itness the return of those 
days, when the whole body of the peo- 
ple w^ere divided into two hostile parties. 
While this has been the fate of almost 

every 



IQS ON LICENSING 

Essay IV. evciy countrj upon the continent of 
Europe, the inhabitants of Great Bri- 
tain have remained in a state of general 
unanimity; and, hence, the degree of 
influence of any particular class in the 
community has not been brought to the 
test. But, if we reflect upon the causes 
already assigned for a dissenting mini- 
ster's influence among his people, and 
recur to the accession of Queen Mary 
and King Charles the Second, and the 
abdication of King James the Second, we 
shall discover, in some of the occurrences 
of those eventful times, a luminous illu- 
stration of the sentiment. 

illustrated When the Lady Mary, daughter of 

in the case j »/ o 

tST"" Henry the Eighth, retired into Suffolk, 
after the decease of Edward the Sixth, 
to levy troops to oppose the decision of 
the Lords of the Council in favour of 
Lady Jane Grey, she pledged her veracity, 

to 



PERSONS AND PLACES. 199 

to the Protestants in Norfolk and Suffolk, essay iv. 
not to make any innovations upon the 
reformed religion. Fox testifies the fact 
in these words: '' To whom, first of all, Aided ^y 

the Pun- 

'' resorted the Suffolk men ; who, being opposin- 

Lady Jdiie 

^^ always forward in promoting the pro- Grey. 
*^ ceedings of the Gospel, promised her 
^' their aid and help, so that she would 
'' not attempt the alteration of the reli- 
^' gion, which her brother. King Edward^ 
" had before established by laws and 
*' orders publickly enacted, and received 
^' by the consent of the whole realm in 
" that behalf. Unto this condition she 
^' immediately agreed, with such promise 
'' made unto them, that no innovation 
^' should be made of religion, as that no 
^' man would or could then have mis- 
'' doubted her^" From this statement 

it 



(l) See Fox s Martyrs^, vol. iii. p. 15, 



200 ON LICENSING 

^l!fll>' it appears probable, that some of the 
reformed preachers were among the first 
,adyocates of Queen Mary's cause. 

All numerous bodies of men must have 
leaders ; and, as a verbal compact was 
entered into between the parties, and 
the principal condition of their placing 
her upon the throne appears to have 
been, that no innovation should be at- 
tempted upon the reformed religion, we 
are led to suppose, that these conditions, 
probably, were dictated by reformed 
ministers. But the two following cases 
bear yet more directly to the point 
in question. 

In the case At thc dcc^ase of Oliver Cromwell, 

of Charles 

the Second. |-]^g Disscntcrs were the ruling party 
in the nation ; and to them is due 
the praise of restoring the House of 
Stuart to the throne of England. A con- 
ference was held at Northumberland 

House, 



4 



PERSONS AND PLACES. 201 

House, between General Monk, the ^^^• 

Earl of Northumberland, the Earl of 

Manchester, Hollis, Sir William Walter, 

Lewis, and a few other eminent persons, 

\\^ho were considered leading men in 

the moderate Presbyterian party: and, at 

this conference, the restoration of Charles 

the Second was proposed in direct terms, 

as indispensably necessary \ Rap in says Testified by 

Rapin. 

of the Parhament: '' It continued sitting 
'' but twenty-five days; in which time 
'' several jsteps were made, which clearly 
^^ discovered that they were by no means 
'' disinclined to the king. For, 1st, They 
'' ordered a general discharge of all the 
^^ imprisoned friends of the king. 2dly, 
"^ They repealed the oath for the abju- 
'^ ration of Charles Stuart and all the 
" royal family. 3dly, They voted Monk 
'' to be general of the armies of the three 

'' nations. 

(1) See Clarendon's Hist, of the Reb. vol. vi. p. 3/4. 



202 



ON LICENSING 



Essay IV. '' nations. 4tlily, They voted down the old, 
'^ and appointed a new, council of state. 
'' 5thly, They made great changes in the 
'' militia, and took away all commissions 
'' from the republicans. 6thly, They ab- 
'' rogated the oath requiring to be faithful 
'^ to the established government without 
'^ a king and house of peers. Lastly, 
" They dissolved themselves, issuing out 
^^ writs for a new parliament, to meet on 
*' the 25th of April. In this free parlia- 
" ment, the Presbyterians, who were 
'' much superior in number, did not 
'' think proper to exclude the Royalists, 
'' with whom they were in perfect 
'' agreement for restoring the king. This 
'' parliament was an assembly, in which 
" the Presbyterians had, certainly, a su- 
'\ periority of voices. Consequently, a 
'' Presbyterian parliament restored the 
'^ king to the throne of his ancestors." 

One 



Presby- 
terians the 
predomi- 
nant party. 



PERSONS AND PLACES. 203 



One more quotation upon this question essay^. 
may suffice. Hume testilies : ^'ThePres- Testified 

•/ by Hume. 

*' byteriansand the Royalists, being united, 
^^ formed the voice of the nation, which 
'' called for the king's restoration. The 
" king was almost entirely in the hands 
'' of the former party : some zealous 
'' leaders amongst them began to renew 
''^ the demand of conditions ; but the 
'* general opinion seemed to condemn 
'' these jealous capitulations with their 
'^ sovereign^" Again: ''The king's neg- 
" ligent ingratitude to the unfortunate 
'' cavaliers admits of some excuse, as he 
'' had been restored more by the efforts 
^' of his reconciled enemies (the Pres- 
*' byterians), than of his ancient friends^." 
And, when Charles the Second perceived inferred 

also from 

a prospect of returning to take possession Charles's 

conduct 

of the throne of England, he gave to 

Protestant 



(1) See Hume's Hist. vol. ii. p. 113. (2) Ibid. p. 15S. 



204 ON LICENSING 

Esi^Yiv. Protestant Dissenters the most solemn 

assurances of protection in the free 

exercise of their rehgion. At Breda, he 

solemnly promised ^' Liberty to tender 

'' consciences, and that no man should be 

^^ disquieted for differences of opinion in 

'' matters of religion, which did not dis- 

" turb the peace of the kingdom ^" 

Influence of When thc cpiscopal clergy were 

kn^ild-e'd alarmed at the rapid advances of James 

Episcopal!- the Second towards Popery, and began to 

ans, at the 

abdication fccl the conjscquences of his innovations 

of James II. 

upon the principles of the British con- 
stitution, and the baneful effects of 
the doctrines of Divine Right and Non- 
resistance, w hich they themselves had so 
vigorously promulgated, they solicited 
the aid of Dissenters, to second their 
own efforts in resisting the monarch, 
who then appeared their most for- 
midable 

(l) See the Appendix to Towgood's Dissent. 



PERSONS AND PLACES. 205 

midable enemy. Dr. Lloyd, bishop of essay iv. 
St. Asaph, when passing through Os- 
westry in Shropshire, sent for Mr. 
James Owen, the dissenting minister, and 
acquainted him with the invitation, 
which had been privately sent, from 
himself and other eminent men, to the 
Prince of Orange: and, at this interview, 
it is asserted, the bishop uttered the 
following: memorable words : '' I hope ^^- ^loyd 

^ -"^ to the Rev. 

^' the Protestant Dissenters will concur '^•^^^»- 
^* in promoting the common interest ; 
*' for you and I are brethren. We have, 
^^ indeed, been angry brethren ; but we 
" have seen our folly, and are resolved, if 
^' ever we have it in our power, to shew 
" that we will treat you as brethren.'* 
Archbishop Sancroft, also, in a letter to 
the clergy, about the same critical 
period, exhorts : '' That they walk in 
*' wisdom towards them who are not of 

" our 



206 ON LICENSING 

Es^AY ly. 'i our ftlie EpiscopalJ communion ; and, 

sincroftto '' ^^ ^^^^^^ ^^ ^^ ^^^ parishcs mij such 
the Clergy. ,, persons, that they neglect not, fre- 

'' quently, to converse with them in the 
'^ spirit of meekness, seeking, by all good 
*' ways and means, to gain and win 
'' them over to our communion; more 
'^ especially, that they have a tender 
^' regard to our brethren, the Protestant 
'' Dissenters; that, upon occasion offered, 
'' they visit them at their houses, and 
"' treat them kindly at their own, and 
*' treat them fairly whenever they meet 
^^ with them; and, that they should 
'^ request them warmly and affectionately 
'' to join us in daily fervent prayer to 
^^ the God of peace, for an universal 
'^blessed union of all reformed churches, 
" at home and abroad, against our com- 



mon enemy ^ 



Uniting 



(l) See NeaFs Puritans^ vol. iv. p. 591. 



PERSONS AND PLACES. 207 

Uniting all these facts in one view, essay iv. 
it appears hip'hlv problematical, whether conclusion 

A i o V i from these 

Queen Mary, King Charles the Second, testimonies.. 
or William the Third, would ever have 
swayed the British sceptre, if the body 
of Protestant dissenting ministers of those 
times had laid their weight of influence in 
the opposite scale. Such was the situ- 
ation of the political system, in the ages 
to which we have referred; and such 
the degree of influence which Protestant 
Dissenters were capable of imparting. 
But, in the present day, the dcp-ree of influence of 

' -»- *^ ^ Dissenters 

their influence is not known ; and, I pray 



now, far 
greater 
than at the 



God that nothing may occur to provoke periods 

mentioned 

the experiment. The number of Dis- 
senters is now incomparably greater than 
in any preceding age, and their wealth 
proportionate to their numbers^. 

Another 



(2) See Note XXV, 



20B ON LICENSING 

Essay IV. Another argument, in support of our 
Dissenting claiin for spccial protection, we derive, 

minister -*- -"- 

do"ef To'''^ fr^^^ the compact being more close, hetween 
by\he^ ^ ^ licensed dissenting minister and the 

oaths he 7/7 

has taken, statc, than oetwecn the state and every 
individual of the community at large. 

Every individual subject in the nation 
is considered to have virtually taken the 
oath of allegiance ; yet, upon inductio n 
to any office, it is deemed expedient for 
him to confirm, by a positive transaction, 
that which was before only virtual ; 
and, this being performed with specifick 
relation to the office, he is considered 
more closely alUed to the state than in 
his former capacity. To this remark it 
may be objected, that his intimate con- 
nexion with the state is maintained 
through the medium of his office, and 
not by the circumstance of having overtly 
taken the oath of allegiance : yet, I 

incline 



PERSONS AND PLACES. 20Q 

incline to think, that even his obhgation essay iv. 
to discharge the duties of his office with 
fidehty, arises more immediately from 
the solemn renewal of his allegiance to 
the government, under which that office 
is held, than from the original subsis- 
tence of the social compact ; and, when- 
ever the social compact is renewed by an 
overt act, the knot is tied more closely. 
Under these circumstances the subject is Heimsre- 

cogTiized 

bound, by the most eminent obligations, ^^Y^^'""" 
to be loyal to the government ; and the ''^^^^' " 
government is under equally powerful 
obligations, to extend to that subject 
special protection. Consequently, when 
a dissenting minister solemnly avows 
his determination, to preach nothing 
inimical to the state, that act constitutes 
a claim upon government, for special 
protection while engaged in fulfilling 
the duties of that office, which rendered 



210 ON LICENSING - 

Essay IV. a renewal of the compact desirable in 

the eye of the law. 
conse- Further : the mischief, that arises 

quences ot ' 

sprJiai^ from abuse or assault against a minister 
engaged in the duties of his office, is far 
more extensive, than if the trespass were 
committed against a private individual. 
If a minister be interrupted during Divine 
worship, the whole congregation are 
reduced to a state of alarm and tumult ; 
their devotions are suspended, or, perhaps, 
entirely counteracted upon that occasion. 

Tumult There is a hip'h decrree of probability, 

would to to r J^ 

ensue. \}[\2i\. somc of the cougrcgatiou would 
defend the person of their teacher, even 
though it were at the peril of their own 
lives ; and, if the contending parties 
were eqiially desperate, very serious con- 
sequences might ensue. Such acts of 
hostility, if not suppressed by the prompt 
application of heavy penalties, might 

excite 



PERSONS AND PLACES. ' 211 

excite a spirit of discord and contention essay iv. 
through the whole neighbourhood, or 
divide, into two powerful parties, the vil- 
lage, the town, or the city, where the 
event occurred. Many of the parties, injured 

party rr,ight 

whose virulent animosity arainst religion """f "^^^"^ 

./ c5 o redress. 

had betrayed them into these acts of 
outrage, might not possess the means of 
paying the expense of an action for an 
assault, in the higher courts of law : 
and, in this case, to subject the injured 
party to the trouble and costs of prose- 
cuting, as upon ordinary occasions, would 
deter them from bringing the delin- 
quents to justice, except in cases of pe- 
culiar atrocity. And this circumstance Criminal 

•^ party might 

would be an additional stimulus w^ith ^.yj^"" 
vicious men, w^ho were poor, to commit 
such acts of outrage, in hope that po- 
verty would be their license to act with 
impunity. 

p 2 Finallv: 



212 



ON LICENSING 



History. 



E^AYiv. Finally: all the preceding consider a- 

Profaneness tions are rendered more tueis^hty, by the 

of inter- fe .!/' ^ 

Tupting a profaneness tuhich the act manifests, and 

minister. m j ,j ' 

the impiety ivhich it implies. 

Did the God of Israel smite fifty 

thousand and seventy men of Beth- 

shemah, because they looked into the 

Illustrated aik, and thus profanely violated the 

from Old ■*■ "^ 

:^^stament sauctity of that glory, which dwelt 
between the Cherubim* ? Was Uzzah 
slain for an act of transgression nearly 
similar^? Was king Uzziah smitten with 
an incurable leprosy, for profanely in- 
truding into the priest's office^ ? Is it 
admitted, that the ancient temple was so 
holy, that none but Levites might minister 
therein, and none, who was ceremonially 
unclean, presume to enter its sacred por- 
tals ? and, may we not infer, from the 

immu- 



(1)1 Sam. vi. 19. (2) 2 Sam. vi. 7. (3)2 Chron. xxvi. I9. 



PERSONS AND PLACES. 213 

immutability of the Divine nature, that essay iv. 
any act of wilful disturbance of religious inferences. 
worship, in the present day, is equally as 
criminal as those profane innovations 
upon the institutions of the Jewish dis- 
pensation ? It was the presence of God, 
which sanctified the ark, the altar, and 
the temple : and He, who then dwelt 
between the Cherubirn, has given, to 
these latter ages of the world, the most 
unequivocal testimony, that he is pre- 
sent v/ith the worshipping assemblies of 
believers. Christ said to the woman of 
Samaria: ^^ The hour cometh, when ye our Lords 

declara- 

^' shall, neither in this mountain, nor yet *^^"s, ?'^ 

*^ worship- 

^' at Jerusalem, worship the Father."— ''^^"^'^' 
■" But the hour cometh, and now is, 
*^ when the true worshippers shall wor- 
'' ship the Father in Spirit and in truth ^." 

And, 

(4) Gospel of St. John^ vi. 23. 



214 



ON LICENSING 



EssAYn^ And, again : in one of his lectures to the 
Disciples, he promised : "' Where two or 
*' three are gathered together in my 
'' name, there am I in " the midst of 
'' them\" And, finally, in his last 
charge to those, whom he had commis- 
sioned to preach the Gospel, he saith : 
'* Lo ! I am with you alway, even unto 
^' the end of the world ^." And, if the 
Redeemer be present in all the assemblies 
of those, who '' worship the Father in 
'' Spirit and in truth," ^vhat act of pro- 
faneness can equal that of wilfully inter- 
rupting their devotions ? 

Thus, the dissenting minister's claim 
upon the magistrate for special protec- 
tion, while engaged in performing the 
duties of his office, is founded upon the 
most extensive and immutable principles. 

He 



Summary 
review of 
the whole 
ar^ment. 



(1) Matt, xviii. 20. 



(2) Matt, xxviii. 20. 



PERSONS AND PLACES. 215 

He is eminently serving the publick : — essay iv, 
his office exposes him to more than 
ordinary danger : — his influence contri- 
butes to the stability of the government : 
— the compact between him and the 
state is more intimate, than between the 
state and private persons, who have not 
actually taken the oath of allegiance : — 
the mischief that arises from abuse or 
assault upon a minister engaged in pub- 
lick worship, is more extensive than in 
ordinary cases:- — and all other claims 
are consummated, by the sacred na- 
ture of those duties in which he is 
engaged. 

In this view, the deliberations of the Present 

st.ite of the 

legislature of sixteen hundred and eighty ^^'^^* 
nine, and their happy result, appear 
generally to concur; for the Toleration 
Act expressly provides : '' That, if any 
'•' person or persons, at any time or times 

'' after 



210 ON LICENSING 

Essay IV. ^' after the tenth day of June, sixteen 
Toleration '' hundred and eighty-nine, do and shall, 
'^ w^iilingly, and of purpose, maliciously 
- '' or contemptuously, come into any 
'' cathedral or parish church, chapel, or 
*' other congregation permitted by this 
*^ act, and disquiet or disturb the same, or 
'* misuse any preacher or teacher, such 
" person or persons, upon proof thereof 
'' before any justice of peace, by two or 
'' more sufficient witnesses, shall find two 
'/ sureties, to be bound by recognizance in 
'^ the penal sum of fifty pounds ; and, in 
" default of such sureties, to be commit- 
" ted to prison, there to remain till the 
*' next general or quarter sessions : And, 
'' upon conviction of the said offence, at 
'' the said general or quarter sessions, 
'' shall suffer the pain and penalty of 
^^ twenty pounds to the use of the king's 
" and queen's majesties, their heirs and 

^^ succes- 



PERSONS AND PLACES. 217 

Thus the law consti- essay iv. 
tutes an act of wilful disturbance of a its view of 

distur- 

\\^orshipping assembly, in a licensed ^f^^'^fg^g^of" 
dwelling-house, where a licensed lay ^'''^' '^' 
preacher is officiating, equally as crimi- 
nal, as if the outrage were committed in 
a cathedral, and during the ministrations 
of a bishop. 

III. I now proceed to prove, that t^icenses 

■*- •*- should be 

licenses should be freely granted to all granted to 
who apply for them, if their avowed principles^ 

. , . . . ^^^ loyal. 

principles do not militate against the 
peace of society. 

It is unnecessary to enumerate again 
those principles, which constitute a man 
unfit for a publick teacher^ and justify 

the 



(1) See the Toleration Act; entitled, '' An Act for 
exempting their Majesties' Protestant subjects dissenting 
from the Church of England, from the penalties of 
certain laws." 



218 OlST LICENSING 

essayiv. the magistrate in refusing a license. 
These have akeadj been stated; and our 
attention is now invited to consider the 
proposition as qualified by exceptions al^ 
ready expressed. 

Fifst: First: The magistrate, in his judicial 

ordination 

notanob- capacitv, cauuot know any difference 

ject of the -»^ *^ . "^ 

i^'^hy^^^' between the ordained minister and the 
lay preacher, arising exclusively out of 
the circumstance of ordination. 

Bishop and Thc cpiscopal clergyman, the ordain- 

magistrate 

derive their ^^ disscntinp* ministci', and the lay 

power trom *~> •^ 

latul?''' preacher, alike receive permission to 
preach from the legislature. That 
authority, which has entrusted to sub- 
ordinate magistrates a power to grant 
licenses to Dissenters, also vested in the 
bishops the right of ordaining candidates 
for* the ministry in the episcopal church : 
consequently, a licensed Dissenter pos- 
sesses, in a civil point of view, an equal 

degree 



PERSONS AND PLACES. 219 

degree of authority to preach the Go- essay iv. 
spel, with the most dignified clergy- 
man of the estabUshed chmch : and, as Therefore, 

authority of 

the constitution of that church acknow- telTheit 

, , T ,^ ^ . . equal to 

ledges the supremacy ot the sovereign m that of 

Episcopa- 

creating her ministers, and the authority iJans. 
of the legislature in decreeing her cere- 
monies, her creed, and even the perpetuity 
of her existence, no consistent Episcopa- 
lian can dispute the authority of a licensed 
lay preacher to promulgate the Gospel, 
since it is derived from the same source 
as that of the archbishop. The circum- 
stance of ordination is entirely extrane- 
ous from the radical principles of the 
social compact, which is the only basis 
of good political economy. An English 
Episcopalian considers all ordinations., 
among Dissenters at home, and in foreign 
Protestant churches, to be invalid; but 
asserts the validity of that ordination 

which 



220 



ON LICENSING 



Essay IV. which is Conferred by the Pope, or the 
dignitaries of the Romish church ^ With 
him, an ordained dissenting minister, and 
a lay preacher, are, equally, no more than 
pretenders to holy orders ; consequently, 
for any member of the episcopal church 
to advise the granting of licenses to or- 
dained Dissenters, and to refuse to license 
lay preachers, would amount to a gross 
dereliction of his ov^n principles. 

It is also v^orthy of notice, that the 
means by w^hich nonconformist congre- 
gations are replenished with ministers, 
renders this plan of granting licenses, 
irrespective of ordination, peculiarly ex- 
pedient. Protestant Dissenters do not 
train up youths from their infancy with 
a specifick view to the ministry, and 
resolve, that, whether they be pious 

or 



Means by 
which dis- 
senting 
churches 
are furnish 
ed with 
ministers. 



(1) See Note XXVI. 



PERSONS AND PLACES. 221 

or profane, their irrevocable destiny shall ^f^^- 
be, to fill the Christian pulpit, and mini- 
ster in the sanctuary. This is considered 
an infringement upon the voluntary choice 
of the youth, and an awful innovation 
upon the nature of the sacred office. 
It is left with the providence of God, 
to bring forward suitable persons to , 
occupy stations of eminence in dis- 
senting churches ; with the conscience 
of the individual, to determine whether 
he be moved by the Holy Ghost, to take 
upon himself the ministerial office ; and 
with the body of the people, to invite that 
man to be their pastor, whose talents 
appear to them to be best adapted 
for their edification. Hence it is, that 
most dissenting ministers have, in early 
life, been engaged in secular concerns ; 
and, as they do not expect the miraculous 
interposition of Providence, either to call, 

or 



222 ON LICENSING 

Essay IV. or to qualify them for the work of the 
ministry, they conceive, that those ta- 
lents, which are well adapted for the 
sacred office, must be matured, by an ap- 
plication to appropriate studies, and by a 
gradually increasing degree of exercise in 

Trials, &c. praycr and preaching. Upon this sy- 

of Candi- 
dates, stem, it becomes necessary for a young 

man to exercise his gifts in publick in an 
occasional manner, during one, two, or 
three years, before his friends will ven- 
ture to pronounce him qualified to enter 
into any of the dissenting colleges, with 
a view to qualif^^ himself for settling as 
pastor over a congregation. In other 
cases, if the man has a family, or some 
other incumbrances, which prevent him 
from entering upon a regular course of 
preparatory studies, he may continue 
many years, preaching to destitute con- 
gregations, or in villages, and ultimately 

settle 



PERSONS AND PLACES. 223 

settle in the ministry: yet, in both these Essayiv. 
cases, there would be a manifest impro- 
priety in permitting these men to preach 
without being hcensed, or to refuse a 
license, and, by that act, to forbid their 
preaching, under the pretext of their not 
being ordained. 

Secondly': to refuse licensing a secondly. 

to rcfuSG cL 

preacher, upon the ground of his not license, an 

act of per- 

being ordained, would be a positive act secutiou. 
of persecution. 

Such an act is not, in the smallest itinerants. 
degree, essential to the security of the 
state ; for lay preachers are under the 
jsame regulations as ordained ministers : 
they take the sam.e oath of allegiance, 
and ought to be subject to the same 
penalties upon the breach of their oath. 
It cannot be shewn, that, as a body, they 
are more disloyal than their ordained 
brethren, or that they are in the habit 

of 



224 ON LICENSING 

Essay ly. of inculcating Unconstitutional politicks. 
rfiTraTter of ^^ ^^^ authoF of thc prcscnt essay may 
preachers, bc permitted to delineate their general 
character, from the most impartial esti- 
mate of those who have come under his 
immediate observation^ it would be this : 
They are men of unimpeachable moral 
habits ; of friendly dispositions in social 
life ; obedient as subjects ; rather above 
the level of mediocrity in intellect ; 
their hearts are imbued with a spirit of 
universal philanthropy; and, that a por- 
tion of time which their neighbours com- 
monly devote to the perusal of news 
and the discussion of politicks, they ap- 
propriate to the important task of pre- 
paring to instruct, in a plain perspicuous 
way, the lower classes of society, at their 
respective stations on the approaching 
Lord's day. 

What might ^^j. . ., , ., ^ 

justify their Were it possible to prove, that the 



suppression. 



suppression 



PERSONS AND PLACES. 225 

suppression of lay preaching is essential essav iv. 
to the security of the state, or even, 
that it would be a means of preserving 
tranquillity, expediency might be admit- 
ted to justify the measure ; but, till this 
can be made evident, such an act must 
be regarded, by all enlightened politicians 
of the nineteenth century, as a criminal 
innovation upon the freedom of con- 
science, and a portentous usurpation of 
the right of private judgement. 

Itinerant lay preachers sacrifice many Their seif- 

denial, &c, 

of the comforts of life, and endure great 
mortification, in quitting a comfortable 
home, walking many miles, partaking of 
no other repast than what they carry 
\vith them, and, after preaching to a few 
villagers, returning home almost exhaust- 
ed, by the toils of the journey, their 
publick exercises, and, sometimes, the 
inclemency of the weather; yet, all 

Q without 



226 ON LICENSING 

Essay IV. without emolument, but not always with- 
out enduring some species of persecution. 
Prove they Let US caudidlv investiaiate these circum- 

act from "^ '-^ 

conscience, g^ances ; and thcu dccidc, whether there 
appears to be any adequate stimulus to 
these exertions, exclusive of the dictates 
of conscience ; and, whether any thing 
but the most disinterested love for the 
souls of men, would induce itinerant 
preachers to persevere in this course of 
self-denial. Now, uniting these two sen- 
timents, that the suppression of lay 
preaching is not necessary to the tran- 
quillity of the state, and, that these men, 
who are engaged in the work of itinerant 
preaching, are governed by the dictates 
of conscience, we are immediately pre- 

Theirsup- scutcd with the inference, that, to refuse 

pression 

would be an to liccnsc pcrsous of this description, 
justice. ^-ould be an unprovoked act of persecu- 
tion : and, its consequences would not 

terminate 



PERSONS AND PLACES. 227 

terminate in the individuals who were essayiv. 
silenced, but would extend to all who 
were in the habit of attending upon their 
ministrations. By an act of this descrip- 
tion, many thousands of peaceable, loyal 
subjects would be deprived of those pri- 
vileges, which they esteem more valuable 
than life. 

It may be further observed, that mi- a christian 

minister 

nisters of the Gospel are bound, from ^^st perse, 

-L ' vere m the 

the nature of their undertaking, to perse- orhis^Tutv, 

vere in the faithful discharge of their betheperiL 
duty, whatever be the consequences to 

themselves. The subiects of their charp:e l^^^^'^jt. 

-J c5 jects of his 

are invaluable. Who can estimate the Lvafaabie. 
value of a human soul ? It is an immortal 
being, destined to exist in a state of hap- 
piness or misery, through duration with- 
out end. Here all comparison would . 
shrink into meanness, and obscure the 
dignity of the sentiment it was intended 

Q 2 to . 



228 ON LICENSING 

Essay IV. to iUustratc. Thc salvation of these im- 
mortal beings, is the object of the Gospel 
message; and he, who undertakes the 
important ofGce of a Christian minister, 
becomes responsible to the great Head 
of the Church, for the manner in which 
he discharges its duties. Wo to that 
man, whose temporizing conduct leads 
astray the people of his charge ! Wo to 
that man, ivJiose cowardice in religion seals 
his lips in silence, when the civil ruler 
commands him to desist from preaching ! 
Wo to that mg^n, w^ho subscribes himself 
a minister of the everlasting Gospel, but, 
like the hireling shepherd, abandons his 
charge upon the approach of the grim 
monster persecution ! 

The duties Thc dutics of a call to preach the 

of his office •*• 

absohite. Gospel aic absolute in their nature ; and 
God will enter into a strict and solemn 
inquiry with every individual,, how those 

duties 



PERSONS AND PLACES. 229 

duties have been performed: See Ezekiel essay iv. 
iii* 1 "{—2 1 . '' Son of man, I have made thee illustrated 

by the 

'' a watchman unto the house of Israel ; ^f GoTto'' 
*' therefore, hear the word at my mouth, 
*^ and give them warning from me. 
*^ When I say unto the wicked, thou 
^^ shalt surely die, and thou givest him 
'' not warning, nor speakest to warn 
^' the wicked from his wicked way, to 
*^ save his life, the same wicked man 
'' shall die in his iniquity, but his blood 
^' will I require at thine hand. Yet, if 
'^ thou warn the wicked, and he turn 
*' not from his wickedness, nor from his 
*^ wicked way, he shall die in his ini- 
*' quity ; but thou hast delivered thy 
'' souL Again ; when a righteous man 
'' doth turn from his righteousness, and 
^' commit iniquity, and I lay a stumbling- 
*' block before him, he shall die; because 
" thou hast not given him warning, he shall 

" die 



230 



OK LICENSING 



Essay ly. '' die ill his sin, and his righteousness, 
'' which he hath done, shall not be remem- 
'' bered ; but his blood will I require at 
^' thine hand. Nevertheless, if thou warn 
*' the righteous man, that the righteous sin 
'' not, and he doth not sin, he shall surely 
'' live, because he is warned; also thou 
"• hast delivered thy soul." Such were 
the tremendous obligations of an ancient 
prophet, to be faithful in communicating 
the message of Jehovah to the people of 
Israel ; and, if possible, a higher degree 
of responsibility attaches to every man, 
who lays his hand to the Gospel plough. 
Hence we infer, that no earthly power 
can abrogate our obligations to be faith- 

iVom their t i ^ . . . , 

obligations fill in the discharge of ministerial duties. 

to be faith- 

*"*• When the decree of Darius interdicted 

petitions to God and man for thirty days ^ 

Daniel 



No human 
power can 
absolve 
ministers 



(1) Daniefvi. 7. 



PERSONS AND PLACES. 23 I 

Daniel presumed to break the decree, essay iv. 

rather than violate the dictates of his infiedwe 

perse- 
conscience ; and God testified his appro- ^f^^^^'f 

bation of the prophet's inflexible con- by God! 
stancy in the practice of religious- duties, 
by granting him an eminent deliverance 
from^ death, by exciting the king to 
confer upon him a large increase of 
temporal honour, and by imparting to 
him special discoveries of future events, 
down to the advent of the Messiah. 
And, if Daniel, who had no other charge 
than his own soul, did not dare to 
abandon the practice of daily prayer to 
God, although death was pronounced, 
by the irreversible laws of the jMedes 
and Persians, as the certain consequence 
of disobedience ; where is the pastor 
of a church, who would venture to 
abandon his people, or an itinerant 
preacher, who would desist from pro- 
mulgating 



232 ON LICENSING 

Essay IV. mulgating the Gospel, if the civil power 
were to command them to be silent ? 
Such an abandonment of acknowledged 
duty w^onld amount to an act of renun- 
ciation of their allegiance to Jesus Christ, 
and of confederation with his enemies. 
*' He that is not with me, is against me ; 
" and he that gathereth not with me, 
'' scattereth abroad*/' is the infallible 
testimony of Him, whom we w^orship, 
as " over all, God blessed for evermore/' 
Let us, then, for a moment, quit the 



Prospect 
of death 
should ex- i i • r • 

cite to per- prcscut sccuc, looK luto futunty, anti 

severance. 



cipate the revolution of fifty years, and 
we instal our children, or, perhaps, a 
third generation, in those departments 
of life that we no^v occupy. And, surely, 
w^hile we anticipate the speedy revolu- 
tion of one half century, while we re- 
flect 



(1) Matt. xu. 30. 



PERSONS AND PLACES. , 233 

fleet upon the high probabihty, that ere essayiv. 
this given period arrives, we shall all be 
reduced to dust and ashes, every minister 
of the Gospel must feel an ardent desire 
to be received, at the close of life, with 
that exhilarating encomium of his Divine 
Master : Well done, good and faithful 
'' servant;" *' enter thou into the joy of 
'^ thy Lord^." But tremendous is the 
gloom which gathers over the ]'«st iiours 
of that man, who has betrayed his mini- 
sterial trust, to avoid a temporary penalty, 
whether of property, liberty, or life. 

When the inhabitants of earth have Prospect ot 

judgement 

numbered a few more returninp; sum- ^ stimulus 

^ to fidelity. 

mers, the revolutionary periods of time 
shall cease for ever. An angel shall de- 
scend from heaven, and shall set his 
right foot upon the sea, and his left foot 

upon 

(2) Matt. XXV. 23. 



234 ON LICENSING 

^sllflJU* upon the earth, and shall swear by Hirtl 
that liveth for ever and ever, there shall 
be time no longer ^ And, to corroborate 
this testimony of the Apocalypse, we 
read, 1 Thess. iv. l6. '' The Lord him- 
^' self shall descend from heaven, with 
^^ a shout, ^'ith the voice of the arch- 
'" angel, and with the trump of God, 
'' and the dead in Christ shall rise first.'* 
All nations shall be assembled at his 
tribunal : Adam, the universal parent of 
our species, and all his posterity, whe- 
ther of noble or of plebeian blood ; those, 
whose mighty achievements have filled 
the world with astonishment; and all 
the countless millions of the human race, 
who have lived in privacy, and crept to 
their bed of earth unnoticed; all will 
be present on that day of trial ; none will 

appear 

(l) Rev. X. 5, 6, 



i'ERSONS AND PLACES. 236 

appear too insignificant to be deemed essay iv. 
accountable, nor any too dignified to 
stand arraigned at the tribunal of Jesus 
Jehovah. In that eventful day, he will 
reward faithful ministers with the richest 
blessings of his heavenly kingdom : that 
day will verify the declaration of Scrip- 
ture ; '' They that be wise, shall shine 
'^ as the brightness of the firmament; 
*' and they that turn many to righte- 
'^ ousness, as the stars for ever and 
'' ever^." But the Redeemer will dis- The portion 

of the un- 

own those who have acted a dastardly ^^jthfui 
part, by abandoning the post of their 
ministerial duty, when it became a station 
of danger. In vain, then, will they say, 
'' We have eaten and drunk in thy pre- 
'' sence, and thou hast taught in our 
'' streets'^;" " and, in thy name we have 

'* cast 

(2) Daniel xii. 3. (3) Luke xiii. 26. 



minister. 



236 ON LICENSING 

EssAYiv. f^ cast out devils;" for he will profess 
unto them, '' I know you not, whence 
''ye are^" Hence, also, he saith, 
*' Whosoever, therefore, shall confess me 
'' before men, him will I also confess 
'' before my Father which is in heaven^." 

Reward of fJow dcsirablc and excellent are the 

the perse- 

dm "enr."^ rewards annexed to a zealous and faith- 
ful profession of our attachment to Jesus 
Christ ! That day is at hand, when the 
scoffer, the blasphemer, and the perse- 
cutor, shall tremble and be dismayed ; 
but faithful ministers of the Gospel will 
then be honoured and caressed, as 
friends of God, and favourites of the 
Redeemer. Then shall '' the righteous 
^' appear more excellent than his fieigh- 
/^ hour;" and then shall it be made ma- 
nifest, that '' the path of the just is as 

'' the 

(1) Lukexiii.27. ' (2) Matt. X. 32. 



PERSONS AND PLACES. 237 

'^ the shining light, that shineth more ^^^^• 
'' and more unto the perfect day^." 
Surely, these are considerations, calcu- 
lated to fire the hearts of ministers Avith 
love to God, and zeal for the souls of 
men ; to make them bold in the cause 
in which they have embarked ; and inde- 
fatigable in their exertions, to dissemi- 
nate the truths of the Gospel. 

These exertions v^dll appear peculiarly The cir- 
cumstances 
necessary, if we look, with a philosophick of thepre- 

•^ -*• -^ sent crisis 

eye, upon the present aspect of religion traordLrry 
and politicks. The current of professed 
infidelity widens, and deepens, as time 
advances. The eighteenth century was infidels. 
productive of more infidels than any pre- 
ceding equivalent number of years : yet 
we find, that men of genuine piety also 
greatly increase in number. A spirit of 

investi- 



(3) Prov. iv. 18, 



238 ON LICENSING 

essayw. investigation and free inquiry generally 
Spirit of prevails, which renders it necessary for 

inquiry. •*• •' 

every one to act a decided part : and, 
surely, the duties of decision, firmness, 
and constancy, devolve upon all who 
preach the Gospel, with more than or- 
important diuaiy claims. Great events are, every 

pohtical 

events. year, opening upon us ; events, which 
appear to be but a prelude to others of 
far greater magnitude ; to others, which 
shall wind up the transactions of six 
thousand years, and usher in the glorious 
millennium. Hence, we are led to 
expect, that the conflicting powers of 
light and darkness will redouble their 
energies, and strive for the mastery 
with unprecedented vigour. Hence, 
also, we are led to conclude, that 
the steady, energetick, and courageous 
discharge of ministerial duties, is pecu- 
liarly necessary in the present crisis, and 

highlf 



PERSONS AND PLACES. 2SQ 

highly important, in the influence it sheds essay iv. 
upon the. general interests of mankind. 
Ministers of the Gospel should be emi- 
nently '' followers of theii.^ who, through 
*' faith and patience, inherit the pro^ 
^^ mises^ ; " of the glorious army of mar- 
tyrs, who sealed the truth with their 
blood, and heroically triumphed amidst 
the flames ; of the two thousand vene- 
rable ejected ministers, who submitted 
to be expelled from the pulpits of the 
episcopal church, rather than conform 
to those rites, ceremonies, and practices^ 
which they considered sinful, though en- 
joined by the legislature. 

Here a question may arise : What Persecution 

oug-ht not 

line of conduct conscientious ministers *''.^"^;''^ 

ministers to 

Qught to pursue, if laws were to be "ause. 
enacted, forbidding, either all dissenting 

ministers 



(J) Heb. vi. 12. 



240 ON LICENSING 

Essay IV. ministers to preach, or only lay preach- 
ers ; or, forbidding to preach in an un- 
licensed place ; and, at the same time, 
refusing to license persons and places, 
except under such security as the pro- 
perty of the parties would not meet, or 
under limitations to which their con- 
sciences could not accede. What has 
been advanced ought to outweigh every 
consideration of temporal interest ; and, 
if the evil genius of persecution were 
to appear again, I pray God that we 
might all be faithful to Him, who hath 

They should called i^s to preach the Gospel. Under 

continue 

inflexible such circumstauccs, let us continue to 

in the dis- 

theh^dut ' preach : if fined, let us pay the penalty, 
and persevere in preaching : and, when 
unable to pay the fine, or deeming it 
impolitick so to do, let us submit to 
go quietly to prison, but with the reso- 
lution still to preach upon the first 

oppor- 



PERSONS AND PLACES. 241 

opportunity, and, if possible, to collect essay iv. 
a church, even within the precincts 
of the gaol. He, who, by these zealous 
exertions, becomes the honoured instru- 
ment of converting one sinner unto 
God, will find that single seal to his 
ministerial labours, an ample compensa- 
tion for all his sufFerinp;s. In this manner, p^^^'^ <^oa 

stancy. 

the venerable Apostle of the Gentiles both 
avowed and proved his sincere attach- 
ment to the cause in which he had em- 
barked : '' The Holy Ghost witnesseth 
^' in every city, that bonds and afflictions 
'' abide me : But none of these things move 
'^ me ; neither count I my life dear unto 
^^ myself, so that I might finish my course 
" with joy, and the ministry w^hich I 
'^ have received of the Lord , Jesus, to 
" testify the Gospel of the grace of 

<^ God^." 

ill 

(1) Acts XX. 23, 24. 
11 



242 ON LICENSING. 



E^AY IV. In the early ages of Christianity, martyr- 
Conduct of ^Qj^^ ^^3 considered an eminent honour; 

the first 

thrGospeK^ and many of the primitive Christians 
thrust themselves upon the notice of their 
heathen persecutors, that they might be 
brought to suffer in the cause of that 
Redeemer, whom they ardently loved. 
In the present day, Christians in general 
imcline to estimate such rash ardour as a 
species of enthusiasm, and feel no dispo- 
sition to court the horrors of persecution ; 
yet, if such dark and tremendous days were 
to return in this age of the world, mini- 
sters should retain their stations; they 
should be true to their charge; they should 
continue their ministrations, each man in 
his sphere, shining with all the lustre of 
genuine godliness, to dispel the gloom in 
which the nation would then be en- 
veloped. If this line of conduct were to be 
adopted, and acted upon with decision, the 

' = cause 



PERSONS AND PLACES. 243 

cause of piety, of nonconformity, and of essaviv. 
itinerant preaching, must eventually tri- 
umph. All the gaols in the country would 
speedily be filled : those houses of cor- 
rection, which were erected for the chas- 
tisement of the vicious in the community, 
w^ould be replenished with thousands of 
the most pious, active, and useful men in 
the kingdom, whose characters are held in 
general esteem. But, the ultimate result 
of such despotick proceedings is beyond 
the ken of human prescience: — probably, 
appeals to the publick and the legislature 
would teem from the press, and, under 
such circumstances, might diffuse a revo- 
lutionary spirit throughout the country. 

IV. We are now to consider the pro- Propriety 

of limitino^ 

priety of limiting the privileges annexed feif^f\'i. 
to Ucenses, to those persons v^^ho are ex- 
clusively engaged in the ministry. 

R 2 The 



244 ON LICENSING 

EssAY^. The design of the legislative hody 

objectfor jj^ sixteen hundred and eip-hty-nine, 

■vvbich these O J ' 

prmieges ^^ granting exemptions to licensed dis- 

granted . . , . 

at first. sen ting ministers, *' from serving upon 
" any jury, or from being chosen or ap- 
'^ pointed to bear the office of church- 
" warden, overseer of the poor, or any 
" other parochial or ward office, or other 
•'' office, in any hundred of any shire, 
•' city, town, parish, division, or wapen- 
'^ takeS" was to ease such persons of the 
disagreeable necessity of fulfilling some 
duties in civil life, which would expose 
their persons to insult, degrade them in 
the opinion of the populace, and greatly 
encroach upon their regular ministerial 
engagem.ents : also, to free them from 
the claims of military duties, which are 
totally incompatible with the nature of 

their 

(1) See Toleration Act. 



PERSONS AND PLACES. 245 

their office, and the sanctity of the mini- ess ay iv. 
sterial character. 

This provision appears to be an act The duties 

r II of the or- 

of enhghtened poKcy, which anticipated ^fg^rrt™'' 
the numerous evils that would unavoid- compa^'bie 

. with those 

ably arise out of an opposite measure, of the 

constable's. 

If a dissenting minister were liable to 
the duties of parochial offices, he must, 
sometimes, endure the company of the 
most abandoned of mankind ; in other 
cases, he must encounter the violence 
of a riotous mob, or fulfil the painful 
task of conveying a drunken man, or a 
felon, to some place of durance : and, as 
the claims of the law are paramount to 
every other duty, his congregation might 
be kept in a state of inactivity and sus- 
pense, if any of these circumstances 
should occur at the time appointed for 
publick worship. Neither is it impro- 
bable, that bad men would frequently 

project 



246 



ON LICENSING 



Essay IV. 



Also ■v\ith 
the duties 
of church- 
^/arden. 



Also with 
miUtia du- 
t:ies. 



Unable also 
to provide 
substitutes. 



project occasions to prevent him from 
the regular discharge of his ministerial 
duties. 

Again^ as to the highest situation of 
parochial trust, every man must perceive, 
that it would be a scene too ludicrous to 
be endured, to behold the minister of the 
Meeting-house fulfilling the duties of his 
official situation as church-warden ; or, 
to proceed further in the comparison, 
surely it would severely harrow up the 
feelings of all good men, to see a respect- 
able dissenting minister compelled to 
quit the people of his charge, and join 
the ranks of a militia regiment : yet all 
these cases might occur, if the minister 
and the people were too poor to provide 
substitutes. 

Dissenting ministers are, in many 
places, very incompetently rewarded for 
their services: they have forsaken their 

secular 



PERSONS AND PLACES. 24/ 

secular business, to give themselves up ^^^"^• 
to the work of the ministry, and, not 
being possessed of independent fortunes, 
they must subsist upon the salary arising 
from their office : and, to the shame of 
many congregations, it must be acknow- 
ledged, that their ministers are kept in 
a state of indigence, from their early to 
their latest years ; and, consequently, 
they would be unable to provide a sub- 
stitute to meet either military or paro- 
chial claims. 

But, whether a dissentins; minister Their pub- 

^ lick ser- 

be in indigent or opulent circumstances, eJfem^^^'^*. 
such exemptions are merited by his 
publick services : few^ classes in society 
labour with more unremitted assiduity : 
many ministers preach five, six, or seven 
times every week; visit their hearers 
frequently ; are connected with nume- 
rous charitable institutions ; have to 

super- 



H 



248 ON LICENSING 

EssAviy. superintend the internal government of 
their churches ; to study their sermons 
in private ; with various other pubUck 
and ordinary duties. The exertions of 
the tradesman, the merchant, and the 
artist, are entirely directed to their own 
emolument ; but those of the minister 
are for the benefit of others : yet, while 
he receives an inconsiderable stipend, that 
is scarcely sufficient for the subsistence 
of his family, men, who do not possess 
one tenth part of his talents, but are 
placed in other departments of civil 
life, can accumulate competent fortunes 
for their children. 

inierence Thcrcfore, unitinp" these three T3ro- 

from the ^ ■*■ 

whole. positions ; That the duties of civil and 
military offices are incompatible with 
the duties of the ministerial office; That 
a large number of dissenting ministers 
are unable to provide substitutes ; and. 

That 



have no just 
claim to 
exemptions. 



PERSONS AND PLACES. 240 

That their disinterested pubhck services essayiv. 
present an equitable claim for exemption ; 
we must draw the conclusion, that the 
provision now allowed by the Toleration 
Act is both just to the individual, and 
politick for the state. 

But this equitable exemption should J'^iner/mt 

-•- J- preacners 

be guarded from abuse. Most of the claim to 
circumstances, whjch are adduced in 
favour of exempting those persons \vho 
are exclusively engaged in the ministry, 
have no application to preachers, who 
transact secular business. The publick 
does not attach any peculiar sanctity to 
their character ; and, consequently, were 
they to be seen fulfilling some dis- 
agreeable duty connected with a parochial 
office, they would not experience a dimi- 
nution of any part of that respect, 
which their friends or neighbours com- 
monly express. They have not, in general, 

standing 



!■] 



250 



ON LICENSING 



Essay IV. 




Derives his 
support 
from busi- 
ness; 



His services 
only occa- 
sional. 



Standing engagements ; and thougli, 
sometimes, a circumstance might occur, 
to prevent their fulfilhng an engagement 
to preach, perhaps those circumstances 
would occur scarcely more frequently 
than sudden indisposition, and particu- 
larly as evil- disposed persons could not 
concert such hindrances ; because an 
itinerant preacher's engagements are 
neither regular nor local. His ability, 
also, to provide substitutes, is equal to 
that of his neighbours : he depends upon 
his secular calling, to provide means of 
support for himself and family : and, to 
the same source he should look for provi- 
sion against those taxes w^hich the law 
imposes, whether they require personal 
duty, or pecuniary contributions. Neither 
will the plea of his publick services avail, 
since these are very precarious. Some 
persons, who preach occasionally, do not 

engage 



PERSONS AND PLACES. 251 

engage more than once, in two, three, essay iv. 
or four months; while others preach 
almost every Lord's day. From these, 
and various other considerations, which 
will immediately occur to the Reader, 
the propriety of limiting the exemptions 
attached to licenses, to those who are 
exclusively engaged in the ministry, will 
be evident. 

Let us now turn from comparing the fi^^si^lff 

1 ' r 1 1 -1 1 unlimited 

clanns or regular and occasional preach- exemption, 
ers, to investigate the probable conse- 
quences of allowing exemptions to every 
one who obtains a license. Would it not 
present an almost irresistible temptation to 
men of lax principles, to obtain this kind 
of protection from the expense of pro- 
viding substitutes, or the more distressing 
case of being necessitated to serve in 
person ? And, when the nature of the 
evasion became generally understood, 

is 



252 ON LICENSING 

Essay IV. [^ [^ uot probablc, that a very consi- 
derable number of unprincipled persons 
would avail themselves of the privilege, 
to defraud the community of their ser- 
vices ; and thus, ultimately, men of in- 
tegrity would become the sufferers ? in 
which case, the character of a preacher 
would be generally execrated, and re- 
ligion incur a very serious odium, 
through the indefinite grant of a privi- 
lege, which is the equitable right of a 
certain class in the community. 

Proposition To Qualify this evil, it has been sug- 

to remedy 

the evil. gested, ^' That, to assure his Majesty, 
'' by respectful addresses to the throne, 
^' that the different classes of separa- 
^^ tists w^ill exclude from their societies 
'^ every person who shall be guilty of 
'^ evading the common duties of a subject, 
^^ by a flagrant abuse of the Act of Tole- 
^^ ration, might satisfy government, that 

'' no 



PERSONS AND PLACES. 253 

'' no such abuses are sanctioned by them ; ^^11^^' 
^* and induce the legislature to reject 
*^ restrictions, which must operate as 
^^ punishments upon those, who are not 
^^ guilty*." 

But this proposal does not appear objections, 
to meet the case : the question is not, 
whether persons, in communion with 
any dissenting congregation, are guilty 
of these abuses, but, whether the law, 
in an undefined state, may not be per- 
verted to such purposes, by many hun- 
dred persons, who never were united to 
any congregation of Dissenters. And, 
again, it is worthy of notice, that if 
any person in communion with a dis- 
senting church was detected in a fraud 
of this description, the act of excluding 
him from their communion would neither 

deprive 

(1) See Evangelical Magazine for 1S00> p. 481. 



254 ON LICENSING 

Essay IV. deprive him of the benefit he had 
obtained by his chicanery ;, nor expose 
him to any other penalty. 

It has been judiciously observed, in a 

Second pro- popular disscntinp' publication: '' If the 

position. X J- ox 

'' distinction between protection and pri- 
' ' vilege be duly observed, there vrill be no 
'' great difficulty in avoiding the abuse of 
'^ toleration, and, at the same time, pre- 
'' serving the Act of Toleration inviolate. 
" Let all preachers be protected in 
'^ their religious exercises, from injury 
" and insult ; but, let the exemptions 
'' be made, 1st, in behalf of stated 
" ministers ; 2dly, of those who 
^^ have been such, but are now dis- 
''abled; 3dly, of students, who are 
" preparing for the work of the mi- 
'' nistry^" 

These 



(1) See Evan. Mag. iSOQ. p. 378. 



PERSONS AND PLACES. 255 

These limitations appear to include all Essay iv. 
who have an equitable claim for privilege, 
arising from a license to preach : but, if 
the legislature be disposed to grant the 
same indulgence to all who are engaged 
in the work of preaching the Gospel, 
provided the law be not abused, to the 
purposes already stated, perhaps the 
best means of meeting both difficulties 
would be, to require every man, who Third pro- 

positiiin. 

claims exemption under the sanction of 
his license, to produce a certificate, signed 
hy three of the acting men of that 
place, or of those places, where he has 
officiated, of his having preached, at 
least tivelve times icithin the last twelve 
months. This would not meet the case 
of disabled ministers ; but, generally, 
those circumstances, which disable a 
man from preaching, would be admitted 
as a natural disqualification for office. 

Thu.'^ 



256 LICENSING PERSONS AND PLACES. 

Essay IV. Thus thc pcrversioii of the law might 
be prevented, and its privileges be ex- 
tended to all v^ho obtain licenses from 
disinterested motives. 



25; 



Essay V. 



ON THE LIBERTY OF THE PRESS. 



TovKsvQspov S' hjislvo, si ri; QsKsi '7r6\si 
XpyjcTToy Ti l3o6>\.svy,* sis /^sVov (pspsiv, sx^v. 

Eur^ipides. 

X HE name of Sir William Blacks tone essay v 
is an authority of p;reat weight, in ques- lutroduc- 
tions upon English law. Whether he '''''^^'• 
did not, however, in some instances, 
accommodate his opinion, upon the poli- 
tical transactions of the dav in which he 
lived, to the views and designs of the 
court; and, with a degree of pusillani- 
mity, equally unworthy of his eminent 
s station, 



racter. 



258 ON THE LIBERTY 

Essay V. station, and of his general character as 
a lawyer, depart from the rigid principles 
of equity, to sanction a corrupt ministry 
in their attempts at innovation upon the 
liberty of the subject, may be considered 

Black- highly problematical^. But, even if the 

stone's cha- 

fact of his temporizing be admitted, the 
authority of his Commentaries upon the 
Lav^s of England must remain unim- 
peached. The radical principles of many 
laws are ascertained with precision ; the 
general boundaries of liberty among the 
people, and prerogative in the sovereign 
power, are accurately delineated; and 
the complex nature of the legislative 
body, with the specifick rights of each 
department, are perspicuously explained. 
Hence it may be fairly inferred, that 
this work ranks among the best concise 

systems 



(l) See Jmiius's Letters, No. 1J. 



OF THE PRESS. 259 

systems of English law; and, perhaps, essay v. 
is the most correct epitome of the Bri- 
tish Constitution. With an extract irom 
this learned author, I shall preface the 
following sections of this Essay. 

'' The liberty of the press is, indeed, Hisobser- 

^ ^ vations on 

'^ essential to the nature of a free state: ^^^^^'^«''^y 

' ol the press. 

''but this consists in laying no previous 
'' restraints upon publications, and not 
'' in freedom from censure for criminal 
'' matter when pubhshed. Every free- 
'' man has an undoubted right to lay 
*' what sentiments he pleases before the 
'' publick ; to forbid this, is to destroy 
'' the freedom of the press ; but, if he 
*' publishes what is improper, mischie- 
'' vous, or illegal, he must take the 
*' consequence of his own temerity. 
'' To subject the press to the restrictiv^e a licensed 

press disap- 

'' power of a licenser, as was formerly p^-o^ed'oy 
*' done, both before and since the Revo- 
s 2 '' lution. 



26o 



ON THE LIBERTY 



Essay V. '<- lution, IS to subject all freedom of 
'' sentimeat to the prejudices of one 
^' man, and make him the arbitrary and 
'' infaUible judge of all controverted 
'' points, in learning, religion, and goyern- 
'■' ment. But to punish (as the law does 
" at present) any dangerous or offensive 
*' writings, which, when published, shall, 
'' on a fair and impartial trial, be ad- 
^' judged of a pernicious tendency, is 
*' necessary for the preservatian of peace 
'^ and good order, of government and 
^' religion, the only solid foundations of 

Freedom of a ^^^r\\ hbertv. Thus thc will of indivi- 

the press to ^ 

guished"" '' d^^ls is still left free ; the abuse, only, 
aWofit. " of that free w^ill, is the object of legal 
" punishment. Neither is any restraint, 
'' hereby, laid upon freedom of thought 
"• or inquiry: liberty of private sentiment 
'' is still left : the disseminating or 
'•' making publick of bad sentiments 

^^ destruc- 



OF THE PRESS. 



261 



" destructive of the ends of society is the es^ayv. 

'' crime which society corrects. A man 

*' (says a fine writer on this subject) maj'- 

'' be allowed to keep poisons in his closet, 

'' but not publickly to vend them as 

" cordials. And to this we may add, 

'' that the only plausible argument hereto- 

'' fore used, for the restraining the just 

•^ freedom of the press, ' That it w^as 

'' necessary to prevent the daily abuse of 

'' it/ will entirely lose its force, when it 

'' is shewn (by a seasonable exertion of 

'' the laws) that the press cannot be 

^' abused to any bad purpose, without 

'^ incurring a suitable punishment: 

*' whereas, it never can be used to a good 

^^ one, when under the control of an 

'' inspector. So true will it be found, 

" that to censure the licentiousness, is to 

'^ maintain the liberty of the press \" 

In 

(1) See Blackstone's Commentaries^ Book IV. chaD, 11. 



262 



ON THE LIBERTY 



General 
divisions of 
the Essay. 



Es^AYj^. In pursuing this subject, we shall 

investigate-— The general uses of the 
liberty of the press : — The abuses to 
which a free press is liable: — The bound- 
aries, by which its licentiousness should 
be restrained: — -The equity of trial and 
sentence by jury, in prosecutions for 
libel : — and the particular influence of 
the liberty of the press in promoting the 
cause of true religion. 

Uses of a • SeCTION I. 

tree press. 

On the gejieral uses of the liberty of the Press. 

From that splendid period in which 
Christianity ascended the throne of the 
Roman Empire, in the person of Con- 
stantino the Great, the purity of primitive 
doctrine, and the simplicity of primitive 
worship, as well as the general piety 
of the ministers of religion, gradually 
declined, till they became entirely im- 
mersed 



GF THE PRESS. 203 

mersed in ignorance, superstition, and essay v. 
profligacy. 



This awful decline of true religion 



Illustrated 
in the 



in the world carried with it almost every christu'' 
vestige of civil liberty, of classical litera- 
ture, and of scientifick knowledge; and, 
it will be generally found in experience, 
that they must all stand or fall together. 
Encroachments upon religious liberty 
gradually increased, till even the name 
of liberty of conscience was exploded, 
and the doctrine of implicit faith in the 
decrees of the church universally in- 
culcated. At this period, science, lite- 
rature, and civil liberty, lay buried in 
the grave of piety; and, as they all 
sickened and died together, their revivi- . 
fication has been both analogous and 
cotemporary. 

Among the most considerable means Tiie resto- 
ration of 

of restoring these inestimable blessings ^^^'"^^"^' 



to 



264 ON THE LIBERTY 

^11^13' ^^ society, we must include the art of 
Printing, and that degree of liberty, 
which has been allowed in the use of 

Liberty of thc Drcss. Libcrtv of the press dissemi- 

the press j x 

knmvfed^e ^^^^^^ koowlcdge ; and, when knowledge 
is widely diffused, it is a vain act of 
presumption, to attempt to retain men 
in abject, civil subjection ; and equally 
absurd, to require their assent to pro- 
positions in religion, which neither their 
understandings nor consciences can ap- 
prove. But, if the articles of faith, to 
which our assent is required, be of Divine 
origin, they will appear to advantage, 
in consequence of the general extension 
of knowledge : and, should the political 
principles of that constitution, which we 
are required to recognize as our own, 
be Vv ell constructed, and brought to act 
in unison, our attachment to it, as the 
source of our social happiness, and our 

admiration 



> roves 
men's 
under- 
standing-. 



OF THE PRESS. 260 

admiration of it, as a philosophical system, essay v. 
^11 daily increase, as new light is ad- 
mitted into our understandings. 

Another benefit that accrues to society impr 
from the liberty of the press, appears 
in the degree of intellectual improvement, 
that will invariably be found to result 
from this property of a free constitution. 
The intelligence that it communicates, 
and the consequent degree of intellectual 
improvement w^hich men derive from 
its communications, are not confined 
to the elevated ranks in society, but 
extend to every class in the community. 
We have need only to contrast the ser- illustrated 

*^ from those 

vile character of the French and Spanish thatTave 
nations, under their ancient, despotick the press. 
governments, with the general patri- 
otism of the English nation, and we 
have an impressive illustration of the 
uses of a free press. Let us carry on 

the 



266 ON THE LIBERTT 

Essay V. thc comparison ; and let France, Spain, 
Italy, and every other nation on the 
continent of Europe, under a despotick 
government, produce a list of the 
v^^orthies, who have appeared among 
them, in any of the departments of lite- 
rature and science, from the different 
periods v^hen the free publication of 
sentiment vras prohibited in those coun- 
tries : let them detail the discoveries 
w^hich have been gained, or shew the 
advances that have been made by the 
body of the people toward civilization 
of manners, ease in pecuniary circum- 
stances, or felicity in domestick and 
social life, and they will appear infinitely 
deficient of those attainments which dis- 
tinguish their free neighbours in England 

Compared Q^d tlic United Provinces. Let an im- 

with those 

that have partial obscrvcr investigate the state of 
literature in the English, Scotch, and 

Dutch 



OF THE PRESS. 26; 

Dutch Universities, and the general essay v. 
dissemination of knowledge among the 
people : let him contemplate the associ- 
ations that are formed, to cultivate the 
liberal arts ; the encouragement that is 
awarded to scientifick discoveries; and 
the degree of information upon general 
subjects, which is diffused throughout 
these countries : and a conviction of the 
tendency of a free press to cultivate 
the intellectual powers of all classes in 
society, will deeply penetrate his breast, 
and produce a frank testimony of its 
utility. 

Liberty in declarinp; our sentiments Fi-eepres^ 

•^ ^ aids the 

naturally promotes free discussion ; and of'^^utb^ ' 
free discussion inevitably tends to the 
developement of truth. This may occa- 
sion some innovations upon the political 
system; but they will strengthen, rather 
than demolish, the edifice of the Con- 
stitution. 



268 



ON THE LIBERTY 



Ascertains 
the bound- 
aries of 
liberty. 



essayv. stitution. If its weaknesses be detected, 
that circumstance will present an occasion 
to wise men, for supplying those defects, 
by principles of an indestructible quality. 
Thus the great political fabrick would 
receive constant accessions of beauty and 
strength, till it was rendered proof against 
all the hotile attacks of faction. By free 
discussion, the necessary boundaries of 
liberty are ascertained, and our obli- 
gations to obedience become generally 
understood. These discoveries v^ill not 
only lead every man to advance a claim 
for that degree of liberty, to which he 
is equitably entitled, but they will also 
deepen in the mind a conviction of the 
duty we owe to governors, and render 
a large majority of persons in the nation 

liiustrated obcdient from principle. 

from Eng- 

lishhistory ll2id thc English, as a nation, been 

at the time O ^ ^ 

Rithts^of as illiterate, at the period when Paine's 

Man ap- 
peared. 



Rights 



OF THE PRESS. 209 

Rights of Man appeared among them, essayv. 
as the French were prior to the destruc- 
tion of the Bastile, probabihty seems 
to favour the conjecture, that Thomas 
Paine, and a few of his revolutionary 
coadjutors, w^ould have involved this 
country in similar miseries to those, 
which the chicanery of the Parisian 
Jacobinical Club brought upon our de- 
voted neighbours ^ In England, revolu- 
tionary principles were investigated by 
a people accustomed to the exercise of 
reason ; and, hence, while many con- 
sidered a reform expedient, the majority 
reprobated the most distant allusion to 
a subversion of the government. But Also, in the 

history of 

in France, the servile condition of the France, at 

the Revo- 

people, the despotism of the monarchical ^''^"^'^" 
power, the restraint which was laid 

upon 

(1) See Note XXVII. 




(5n the liberty 

upon publick discussion, the prohibition 
of all books which were not sanc- 
tioned by the authority of the cabinet 
of St. Cloud, all concurred to facili- 
tate the designs of the democratical 
party, and to render the subversion of 
their ancient government fatal to all 
classes of the community. Hence we 
infer, that, by granting the free exercise 
of the press, the reasoning powers of 
men will be cultivated, and thus the 
publick mind will be fortified against 
the insidious attacks of sophistical poli- 
ticians. The free enjoyment of all 
constitutional privileges will engage the 
affections of the people on behalf of the 
government, and insure their steady 
allegiance to the executive department, 
in its administration of the laws. 

A free press is the grand medium of 
Spoutfcri circulating throughout the country a 

know- 



Free press 
interests 



pol 
transac 
tions. 



OP THE PRESS. 2/1 

knowledge of the condition of the essay v. 
pohtical department, and of presenting 
to the nation an impartial statement of 
all occurrences that have a political ten- 
dency. By these means, every man is 
excited to feel a personal interest in the 
transactions of government, to investigate 
the leading circumstances of every im- 
portant event, and to form his own 
judgement of the principle actors. Thus, 
by communicating to the nation a know- 
ledge of political transactions, through 
the medium of an unrestricted press, 
publick men are restrained, by the dread 
of disclosure, from some of those atroci- 
ties, w^hich many would commit, if they 
were sure no " babbhng tongue would 
'' ever tell the deed," or no prying eye 
ever trace it out. 

By the freedom of the press, the Pubiickare 

thereby 

publick are constituted a tribunal, to made the 

grand tri- 

which ''™^'- 



272 OuS THE LIBERTY 

Essay V. which wc may appeal, as a last resort 
upon the merits of any case : and of 
all others, this is decisively the most im- 
partial. Dr. Reid, in laying down the 
preliminaries upon which he intended to 
erect his metaphysical structure, consi- 
ders the common sense of mankind to be 
a foundation, which would, of all others, 
best resist the undermining efforts of 
sceptical philosophers. And, in politicks, 
we cannot reject the principle, without 
grossly insulting the understandings of 
the majority of persons in the commu- 

Equity of j^\tj^ Whether it be a question, therefore, 
upon the constitution, or an investigation 
of the manner in which some depart- 
ments in the state are filled, or an appeal 
from the decision of our courts of 
judicature, if all circumstances be laid 
before the publick, we must consider 
them to be the most impartial umpire 

upon 



OF THE PRESS. 273 

upon the case ; since reason dictates the essay v. 
sentiment, that the common sense of 

the nation is seldom erroneous. Right of 

In coincidence with this principle, the intimately 

connected 

law allows to the people the right of with a free 
petitioning his Majesty or the Parliament, 
for the institution of an inquiry into any 
abuses, which they believe to exist in the 
executive departments of the state ^: and 
the people have, upon many occasions, 
exercised this right, when nefarious 
transactions have been brought to light, 
or acts of publick injustice sanctioned by 
connivance. 

Having thus, briefly, descanted upon 
some of the uses of the liberty of the 
press, it is necessary to observe, that its 
particular influence upon religion has 
been designedly kept in the back ground; 

as 



(1) See Note XXVIII. 
T 



274 ON THE LIBERTY 

^AY V. as the importance of that subject, and 
its more immediate connexion with the 
object of this essay, render it worthy of 
a distinct section, to which all preceding 
remarks ought to be little more than an 
extensive introduction. 

SECTiaN II. 

Abuses ot 

a free press. •ai /.y n t> ' t t i 

On trie abuses to wkick a free rress is liable. 
Profaneness Ouc gross abusc of liberty, in freely 

thereby 

propagated, publishing our sentiments to the world, 
is, the profanation of the Divine charac- 
ter, by denying some of the perfections 
of the Godhead; by attributing to him 
other properties, which his revealed will 
denies that he possesses ; and, by the sa- 
crilegious application of his '^ Holy and 
Reverend" name, to vicious, or even ordi- 
nary subjects. 

Infidelity In closc couuexiou with this descrip- 

dissemi- 
nated, xion of the abuse of liberty, is the 

incul- 



OF THE PRESS. 2"] i) 

inculcation of infidel principles, which ^^^^' ^'• 
teach us to renounce the doctrines and 
precepts of Scripture ; to reject, as spu- 
rious, that revelation which God has 
given of his will ; and to trust the light of 
human reason to guide us to eternal 
happiness. But, while these are crimes 
of enormous magnitude in the estimation 
of God, for which he will bring these 
impious transgressors into judgement, 
they are not proper subjects of the ma- 
gistrate's coercion ; they do not disturb 
the peace of the state ; and, therefore, 
the publication of them cannot fall with- 
in his jurisdiction, as conservator of the 
publick peace. 

Others, who believe the Scriptures to Perversion 

of Scrip- 
be authentick, pervert its doctrines, and ^^-'/^ ^°^- 

^ ^ ' tribes. 

subscribe, in their own communities, to 

creeds the mosjt grossly heterodox. Yet, 

if these persons publish their sentiments 

T 2 to 



276 ON THE LIBERTY 

Essay V. to the woi'ld, it would bc a serious en- 
croachment upon hberty of conscience, 
and of the press, to prohibit such ^svorks. 
Let the Jew vindicate his faith in the 
Mosaick economy, and his rejection of 
the Christian scheme ; it may excite 
controversy, but the result will be 
favourable to the cause of truth. Let 
Roman Catholicks pubhsh their sentiments 
in the most unqualified form ; we have 
nothing to fear from their printed argu- 
ments. The cautions, which Protestant 
states should observ^e, in relation to this 
religious body, are grounded upon the 
presumptive influence of those principles, 
which are verbally inculcated. If the 
doctrines of the Romish church be stated 
and defended in print, they are in a 
tangible form, and may be refuted by 
champions of the Protestant cause; and, 
thus, an abuse of the press, by dis- 
seminating 




OF THE PRESS. 

seminating a distorted view of Scripture 
truths, may ultimately turn out '' to the 
" furtherance of the (pure) GospeP." Let 
the press be open to all classes of reli- 
gious denominations;, except those, whose 
principles directly militate against the 
tranquillity of the state ; and truth will 
eventually prevail. 

The propagation of corrupt politicks Dissemina- 
is another abuse of the liberty of the ""^[[^"^,^3 
press. But even this description of 
abuse is better counteracted by argu- 
ment, than by prosecutions, fines, im- 
prisonment, and similar kinds of cor- 
rection. If one man v^ere to publish 
a specious defence of democracy, and 
another were to argue the numerous 
benefits that would result from absolute 
monarchy, we need not doubt, that 
many persons, of equal ability, would 

appear 

(1) Phil.i. 12. 



278 ON THE LIBERTY 

^^^l^lZ^' ^PP^ar in defence of our present mixed 
tiriTtot'^ form of government. By such contro- 
versy^ the superior excellence of the 
British Constitution, over pure monarchy, 
aristocracy, or republicanism, v^^ould be 
placed in a luminous point of view : 
and although many absurd systems might 
be projected, folly would speedily sink 
into obscurity, or stand confounded in 
the blaze of truth. Yet, when such 
political publications assume a seditious 
aspect, the security of the state renders 
their suppression highly expedient. 
Vice and Thc cxtcnuation of vice is, perhaps, 

immorality 

encouraged, of cvcry kind of perversion of a free 
press, least regarded as a publick evil; 
although its effects are more widely 
diffused than any preceding description 
of abuse. If we consider the extensive 
circulation of plays, novels, and ro- 
mances; the impure principles that are 

incul- 



OF THE PRESS. 279 

inculcated in most of them; and their essatv. 
tendency to corrupt the youth of the 
community; surely every virtuous man 
will shed a tear over the abuses of that 
liberty, which, as a general principle, 
reason and conscience enjoin him to 
vindicate. Books of this description 
convey destructive principles into the 
mind^ under the most insidious form ; yet, 
when they do not palpably introduce 
obscenity, nor in direct terms sanction 
vice, the law cannot annex penalties to 
their subtle efforts, to extenuate in the 
publick mind a sense of the evils , of 
profligacy. Here, as in the preceding 
cases, the press is open to the exertions 
of good men, who, by a judicious appli- 
cation of their talents, to counteract 
the prevailing errors of the times, 
may enlist many under the banners of 
virtue and piety, and thus make a 

noble 



280 ON THE LIBERTY 

es^ayv. noble stand against the advocates of 
infidelity, and all the hosts of the flagi- 
tiously immoral. 
free'^resf^ The freedom of the press, hke the 
balanced by fertilizing inundations of the Nile, may 

its benefits. 

appear, to a superficial observer, to 
portend universal devastation and ruin ; 
but history corrects this opinion, from 
positive facts ; and revelation also testi- 
fies, that it is ^^ The dark places of the 
'^ earth," w^hich '' are full of the habi- 
'' tations of cruelty ^" Egypt would be 
a barren desart, without the periodical 
overflow of her celebrated river ; and the 
impiety, superstition, and cruelty, of the 
dark ages of the Christian church, prove, 
that the suppression of free discussion 
tends more to the privation of moral 
rectitude, than the most unrestricted 

licentiousness of a free press. 

In 

(1) Psalm Ixxiv. 20. 



OF THE PRESS. 281 

In these desultory observations upon essayv, 
the abuses of the hberty in question, our 
attention has been confined to those par- 
ticulars, which do not come within the 
legal jurisdiction of the civil power. 
Those abuses, which subvert the ends of 
government, and disturb the peace of - 
society, w^ill be the subject of investi- 
gation in the following section. 

Section III. 
On the boundaries by which the licentiousness Restraint* 

to the abuse 

of a free Press should be restrained. of a free 

press. 

Those abuses of a free press, which 

should be subject to the cognizance of 

the civil power, are comprehended under 

three classes ; viz. Sedition — Libels — 

and The inculcation of vice. 

First: Sedition. On sedi- 

tion, as di- 

Every man should be at liberty to stinguished 

from free 

suggest improvements in any particular tiiscussiou. 

law. 



2S2 ON THE LIBERTY 

essayv. law, or even in the Constitution. As 
every code of lav^s, which has been 
pubhshed to the world in ancient or 
modern times, is chargeable with imper- 
fections, and, as perfection is not a 
property of human productions, nor 
infallibility a quality to which the wisest 
of men will venture to pretend, it is 
sound policy, in the legislature of a free 
country, to permit every member of 
the community to investigate the funda- 
mental principles of government, and 
to inquire into the manner in which its 
executive departments are filled. If the 
constitutional principles of the govern- 
ment be founded upon truth and equity, 
they will gain by the experiment ; and, 
if there be defects in its formation, 
reason dictates, that those, who are 
entrusted with the legislation, should 
repair those defects, whenever the pene- 
tration 



OF THE PRESS. 283 

tration of any member of the community ^^^• 
has pointed out adequate means. 

By free inquiry, and the free com- Free dis- 
cussion 

munication of sentiment, Britain has ^^^^^^"^^^1 

attained her present eminence, in Arts, p^^'^p^^^'- 

Science, and Civil hberty. By the 

same description of independence, Greece 

and Rome acquired their pre-eminence 

among ancient nations ; and England 

could no longer be denominated a 

free country, if laws were enacted to 

impose restraint upon any intellectual 

productions, addressed w^ith candour 

and modesty to the understandings of 

mankind. 

Propositions for reform, or statements hqw poli- 
tical dis- 

of any detection of vulnerable parts in g^''''J?^e 
the Constitution, should be conveyed in 
terms calculated to enlighten the under- 
standings of men, but not to excite tur- 
bulence in the publick mind. This line 

of 



R.Hall, A.M. 



284 ON THE LIBERTY 

es^yv. 6f conduct would obviate the two great 
objections, which those, who are enemies 
to 'all kinds of innovation, generally op- 
pose to every proposition for reform. 
It is judiciously observed, by an eloquent 

observa- Writer on this subject : ''If the people 

tions on 

this subject '^ be tranquil and composed, and have 

by the Rev. ^ ^ 

'' not caught the passion for reform, it 
'' is impolitick, say the ministry, to 
'' disturb their minds, by agitating a 
" question that lies at rest. If they are 
" awakened, and touched with a con- 
'' viction of the abuse, we must wait, 
'' say they, till the ferment subsides, 
'' and not lessen our dignity by seeming 
'' to yield to popular clamour. If we 
" are at peace, and commerce flourishes, 
" it is concluded we cannot need any 
'' improvement in circumstances so pro- 
'' sperous and happy. If, on the other 
'' hand, we are at war, and our affairs 

'' unfor- 



OF THE PRESS. 285 

'"^ unfortunate, an amendment in the re- ^^i^J 
^' presentation is dreaded, as it would 
" seem an acknowledgement, that our 
*^ calamities flowed from the ill conduct 
" of Parliament. Now, as the nation 
^' must always be in one or other of these 
^^ situations, the conclusion is, the pe- 
*' riod of reform can never arrive at 
'' alP." But, let proposed amendments 
in law, or projects for reform in Parlia- 
ment, or the assertion of the natural 
rights of liberty of conscience and of 
private judgement, be conveyed, in terms 
nervous and explicit, to enlighten the 
understanding, yet modest and respectful, 
to avoid exciting the irritabihty of the 
publick mind ; and governors will be less 
averse to reform, while the writer will 
be secured from the slightest imputation 

of sedition. 

The 

(!) See Hall's Liberty of the Press, 



286 OISI THE LIBERTY 

Essay V. Tlic iiiotive of an author, in the. 

Motives of discussion of poUtical questions, is com- 

political ■*■ ^ 

coveredtn ^onlj exprcssed by the modesty or 

their spirit. . , r* i • i i ' r 

Virulence or nis language ; and, it an 
impeachment for seditious libelling be 
exhibited against him, this distinction 
will greatly assist the jury, in fixing 
or removing the charge. The seditious 
tendency of many books does not arise 
so immediately out of the principles 
they maintain, as from the declamatory 
. style and acrimonious spirit in v^hich 
they are written : these are the proper- 
ties which render some publications so 
peculiarly mischievous, while they neither 
elucidate truth by historical facts, nor 
prove their propositions by logical de- 
duction. 
Factious Another prominent feature of sedi- 

confederacy ^ , 

a proof of tion IS, a lactious confederacy. 1 ne ma- 

s edition. 

chinations of the Jacobinical clubs in 

France^ 




OF THE PRESS. 

France, and the virulent invectives which 
they circulated against the monarch and 
aristocracy, may serve to illustrate this 
observation ; and, while we feel it a duty 
which we owe to ourselves, as freemen, — • 
to our vahant ancestors, from whom we 
received the British constitution, — and to 
our posterity, — to maintain the freedom 
of the press, the tremendous calami- 
ties, which those factious confederacies 
brought upon the French nation, by dis- 
seminating seditious pamphlets, should 
teach us to avoid the abuse of this pow- 
erful engine. Many persons, whose local illustrated 
situation and whose intellectual powers Revolution 
were peculiarly well combined for inves- 
tigating the leading circumstances in the 
French Revolution, have testified, that 
the miseries, which succeeded the first 
irruption of the people, and all their 
subsequent internal calamities, may be 

traced 



288 ON THE LIBERTY 

Essay V. traccd back to the licentiousness of the 
press, after they had obtained its Uberty. 
These few thoughts miist suffice, upon 
the distinction between a seditious attack 
upon the government, and the exercise 
of our constitutional right of proposing 
amendments in any description of laws, 
or reform in the various departments of 
the state. 

On libels. Secondly : Libels. 

In law, those acts of sedition, to 
v^hich we have already adverted, are 
denominated Libels', and, therefore, it 
may be necessary to premise, that, in the 
present connexion, I intend Perso7ial 
Libels, whether against publick or pri- 
vate characters. 

Tendencies j^jj scurrilous, pcrsonal epithets, are 

calculated to provoke resentment, and 
thus tend to the immediate breach of the 
peace : and, if these be applied to an 

individual 



OF THE PRESS. 2Sg 

individual in writing, the wound is ^"^^ 
made far deeper in his feehngs, than if 
it were given verbally. If it be in 
print, in addition to the infliction of deep 
anguish upon his own mind, it may 
excite rancour, and a spirit of revenge, in 
the breasts of his relatives and intimate 
friends, or even through the whole cir- 
cle of his acquaintance. Hence, the Capital 

crime 

Roman law of the Twelve Tables consti- among; the 

Romans. 

tuted libelling a capital offence. The 
English law, in a criminal prosecution 
for a libel, does not inquire so particularly its truth 

not consi- 

into the truth of its statement, as into its *^^^^^ >" ^ 

criminal 

tendency to provoke breaches of the '(i^^^'''^' 
publick peace. But in a civil action, where 
damages are required on the part of the 
plaintiff, it is necessary to prove the 
falseness of the libel, in order to shew 
that unjust damages have been sustained^ 

Yet 

(l) See Blackstone's Commentaries, vol. IV. p. 150. 

U . 



2Q0 ON THE LIBERTY 

Essay V. Yet this principle of punishing for a 
true libel should be acted upon with 
peculiar caution ; and, particularly, in 
giving a verdict against the defendant, 
upon an indictment for a libel on a pub- 
lick character. Men in publick situa- 
tions are exposed to more than ordinary 
malignity; and, generally, have to con- 
tend with many factious persons, whose 
envy, if unrestrained by law, would blast 
the fairest reputation with the malignant 
breath of calumny. But it is also true, 
that publick men frequently betray their 
trust; and, if it were not for the dis- 
closure of their conduct by a free press, 
and the sense of the people expressed 
through the same medium, many Avould 
continue to fill their situations of publick 
trust, though they should venture to 
practise abuses with increasing confi- 
dence ; and would retain the emoluments 

of 



OF THE PRESS. 20] 

of their office, ev^n though daily com- essay v. 

mitting depredations upon the state. 

Perhaps, it ^vould be more equitable to More equi- 
table to pu- 

punish only for those libels, which are ff^'^'^^^f^^ 

-*- *^ tuise libeig. 

false, defamatory assertions against pri- 
vate persons or publick characters ; but, 
where scurrilous, personal epithets are 
avoided, if the case be stated in sober, 
plain, and simple language, to decree that 
a true libel shall not he punishahle. 

In the cases both of sedition and per- circum- 
stances to 
sonal libelling, the circumstances of the determine 

the case. 

case must determine the verdict of the 
jury, upon the guilt or innocence of the 
defendant as to the matter of fact ; and 
ought, also, as to the penalty to be 
annexed, when the fact is proved. It is 
not necessary for the law to ascertain 
precisely the extent of the boundaries of 
offensive libelling, as no law can meet 
every case; and, if the jurors be fairly 

u 2 selected. 



On the in- 
culcation of 
vice. 



292 ON THE LIBERTY 

Essay V. selected, they may generally be safely 
trusted to supply the legal deficiency, by 
a verdict, dictated by their own under- 
standings, and a conscientious regard to 
equity. 

Thirdly : The inculcation of vice. 
It is a fact, in the history of legis- 
lation, deeply to be lamented by every 
virtuous man, that, v^hile severe laws 

The laws havc bccu cuactcd against those who 

defective in 

this respect, differed from the established forms of 
worship, the most gross immoralities 
have been suffered to pass unpunished. 
And, even in the present day, while a 
criminal prosecution may be instituted 
against an ofEcer of state, on the ground 
of his not having received the sacrament 
according to the forms of the established 
church ; and while, by that prosecution, 
he may be expelled from the situation 
that he occupies^ and to which personal 

merit 



OF THE PRESS, 2g^ 

merit may have obtained his promotion; essay v. 
another man, in the same department, Grossest 

J- vices only 

may be guilty of the crimes of seduc- nish'abL?''^ 
tion and adultery, and yet retain his 
situation, and be liable to no other con- 
sequences, than a civil action for da- 
mages on the part of a private individual, 
who, as husband or parent, is imme- 
diately the suiFerer : these damages, too, 
are sometimes so inconsiderable, as te 
furnish no check upon the licentiousness 
of the age. 

Surely it must occur to every man of i"w«<'- 

^ J ciety 8US- 

sober reflection, that each of those 
crimes, enumerated in a preceding essay 
upon LIMITATIONS, has a specifick degree 
of influence, in counteracting the general 
purposes for w^hich we are formed into 
a community ; and, if this be admitted, 
those publications, which vindicate the 
practice of such descriptions of vice, 

should 



294 ON THE LIBERTY 

Essay V. should bc suppresscd, as tending to dis- 
turb the peace of society, and to weaken 
all the bonds of social life. The question 
may be brought to this issue : they either 
do, or do not, influence the practice of 
those by whom they are perused. If 

Influence tlicy havc uo iniiuencc upon the prac- 

of vicious 

pubiica- tice of the reader, and he rises, from ra- 
tions on the 

practice of viewiup; the contents of any such volume, 

all classes. o ^ ' 

with precisely the same principles and 
dispositions that existed in his breast 
before he entered upon the investigation, 
it can be no evil to suppress the pub- 
lication, since no person derives any 
benefit from its contents : but, if they 
have a specifick influence upon the prac- 
tice of many readers; and the youth, 
whose early principles inculcated probity 
and integrity among men, and veneration 
for the name of God, be induced, by 
imbibing the sentiments of such authors, 

to 




OF THE PRESS. 

to violate the ties of nature, to despise 
the Divine character, to " make ship- 
^^ vrreck of faith 'd,nd. of a good con- 
'' science," and, perhaps, in some hour 
of desperation, to commit the unpardon- 
able crime of Fdo de se^\ it becomes the 
province of law, to take cognizance of 
such publications, and to punish the 
authors, as literary incendiaries. 

In general, those w^ho are accessarv Authors of 

^ *^ such works 

to any crime, are punishable, by law, ^.^-tKhdr 
with heavy penalties, and, in some cases, 
with penalties equally severe w^ith those • 
inflicted on the principal actors : and, by 
analogy, those, who publickly inculcate 
the practice of gross viees, should be 
punishable, as accessaries to the actual 
commission of such crimes. Sir Matthew Judge 

Hale's ob- 

Hale describes an accessary before the servations 

'^ ^ on the guilt 

S'^f^j. of accessa- 
Jil^t^y Ties. 

N" 

(1) See Note XXIX. 



296 ON THE LIBERTY 

^ill^L^' ./^^^' ^^ ^^ ^^^' who, being absent at 
the time of committing the criminal 
act, is impHcated, by procuring, coun- 
seUing, or commanding another to com- 
mit the crime : consequently, absence at 
that specifick time is necessary to con- 
stitute him an accessary ; for, if he were 
present, he would be guilty of the crime 
as a principal ^ He, therefore, who pub- 
lickly inculcates, or endeavours to vin- 
dicate, the practice of any gross vice, 
should be liable to a criminal prosecution. 
Such persons are not accessaries to a par- 
ticular fact, but to all the consequences 
that result from their mischievous pro- 
ductions. Deterioration of moral prin- 
ciple tends to the commission of the 
most atrocious crimes in the private 
walks of life, and, ultimately, to general 

anarchy : 

(1) See Hale's Pleas of the Crov/n, vol. I. pp. 6l5, 616. 



OF THE PRESS. 2Q'J 

anarchy: those books, therefore, which essay v. 
necessarily tend to deprave the moral 
principles of the youth in the commu- 
nity, should subject the authors of such 
publications to severe penalties. 



Section IV. 

ONTFTsTPF, hii Jury. 

jury for 



On the equity of trial and sentence hy Jury, ^" ^'"'^^ ^^' 



in prosecutions for libels. 



libels. 



It is not necessary, to a clear appre- 
hension of this branch of our subject, to 
trace the antiquity of trial per pais, or 
hy the country. It may suffice to observe, ^^sin^f 

^ '^ -^ juries. 

that the earliest Saxon records, which 
have been transmitted dow^n to our day, 
prove it to have been in use at the time 
when they were written, In England, 
it is spoken of by the laws of Ethelred ; 
and in Magna Charta, it is recognized as 
a grand bulwark of British liberty : and, 
in all countries, where it has been exer- 
cised, 



Secures im- 
partiality. 



298 ON THE LIBERTY 

Essay V. ciscd, experience of its utility has taught 
the people to regard it, as one of the 
most important principles of their laws, 
and their best defence against injustice. 

Advantages Tlic uiost important advantage, which 

of the prac- 
tice, a subject derives from trial by jury, is, 

the impartiality with which his cause is 
decided. A jury, fairly selected from an 
extensive district, must be presumed to 
act disinterestedly. The person arraigned 
is, in general, unknown to every juror; 
from which circumstance, we are war- 
ranted to conclude, that each one will 
acquit himself, to his own conscience, of 
all wilful departure from the rigid prin- 
ciples of justice, and, according to his 
oath, '' Well and truly to try, and true 
'' deliverance make, between our sove- 
" reign lord the King, and the prisoner 
'' whom they have in charge, and a true 
'' verdict to give according to their 

^^ evidence," 



OF THE PRESS. 290 

'^ evidence/' that he Yvdll return an nn- essayv. 
biassed verdict. 

Trial by jury prevents the exercise of Prevents 

the opera- 

any high degree of mahgnity on the part tion of ma- 
of the judge ; although he still retains 
much influence, in summing up the evi- 
dence, and giving the charge. But, if the 
decision of causes rested alone w^ith the 
judge, his own private animosities, or 
those of his friends, might be resented 
in our courts of judicature, under the 
worst of all pretexts for the exercise of 
malice, namely, the distribution of justice 
in an official capacity : and, eventually, 
the phrase. Administration of justice, would 
be perverted, by growing abuse, as under 
the old system in France, till it meant no 
more, than awarding the cause to him, 
who could purchase it with the most 
considerable premium. But, even should 
this flagrant abuse of power be avoided, 

if 



300 ON THE LIBERTY 

Essay V. if causcs wcfc Hot subjcct to decisioii by 
jury, many cases might occur, in which 
a judge, or the four judges of any court, 
or even the twelve judges, might be par- 
tial by prepossession. 

Illustrated A casc, worthy of observation, oc- 

from the 

case of curred in the reim of Charles the Second. 

Penn and ^-^ 

others. William Penn and WilHam Mead were 
indicted, ^^ for that they, with others, to 
'^ the number of three hundred, on the 
" 14th of August, 22^ Regis, in Grace- 
'^ church street, did . . . .unlawfully and 
'' tumultuously assemble and congregate 
'' themselves together, to the disturbance 
'' of the peace," &c. After the witnesses 
had stated the fact, that such a number 
of people were assembled, and that Penn 
had preached to them, the Recorder 
summed up the evidence, and the jury 
retired. After some debate, they re- 
turned with a verdict : '' Guilty of speak- 

^^ ing 



OF THE PRESS. 301 

*' ing in Gracechurch street." Upon essay v. 

which the court rephed : " You had as 

*' good say nothing ; " and inquired, 

'' Was it not an unlawful assembly } 

^' You mean he was speaking to a tumult 

" of people there." But, as the foreman opposition 

of the jurj- 

refused to sanction the insertion of such to the 



court. 



words, as an '^ unlawful assembly," they 
were sent back to re- consider their ver- 
dict; and, upon their return into court, 
presented a verdict in writing, signed by 
every juror, in these words : '' We the 
'^ jurors, hereafter named, do find AYil- 
^* liam Penn to be guilty of speaking or 
" preaching to an assembly met together 
" in Gracechurch street, the 14th of Au- 
'' gust 1670 ; and William Mead not 
^^ guilty of the said indictment." This 
verdict the court refused ; and, it being 
Saturday night, the court adjourned till 
Sunday morning ; and, as the jury insisted 

upon 



302 



ON THE LIBERTY 



Essay V. 



Ultimately 
successful. 



The prac- 
tice secured 



upon the same verdict, the court again 
adjourned till Monday morning, when 
the jury brought the prisoners in '' Not 
guilty;" vv^hich sentence was recorded, 
and allowed to be a valid acquittal of the 
prisoners : but, immediately, the court 
fined them forty marks a man, and to lie 
in prison till paid. From this conduct 
on the part of the court, it is easy to 
suppose what would have been the un- 
happy consequences to the prisoners at 
the bar, if the judge could have pro- 
nounced sentence against them, irrespec- 
tive of the verdict of a jury ^ 

This ancient practice of trying En- 
glishmen by their peers, prevents the 
exercise of an arbitrary and unconstitu- 
tional influence, on the part of the crown, 
or any of its ministers. The statute of 

1st 



(1) See Note XXX. 



OF THE PRESS. 303 

1st Geo. III. c. 23. which constituted essay v. 
the office of judge permanent for Hfe, 
has established the proceedings of our 
courts of judicature upon a firm basis, 
by rendering their principal officers in- 
dependent of party connexions^ or mini- 
sterial caprice K Yet, as the crown pos- 
sesses an immense revenue ; and as, by 
the application of this money, ministers 
can exercise almost unbounded influence, 
the verdict of a jury, in all cases of 
indictment, is a more certain defence 
against arbitrary power, and is, perhaps, 
the best guarantee for the free exercise 
of the British press. 

But while we Hory in the verdict of ^" sente-nee 

^ '^ by jury for 

the jury upon the simple fact, ^ Guilty,' 
or ' Not guilty,' it still remains a ques- 
tion worthy the attention of the legisla- 
ture 

(2) See Note XXXI. 



libels. 



304 ON THE LIBERTY 

Essay V, turc and the publick, who shall deter- 
mine the nature and degree of punish- 
ment to be inflicted on the author of a 
libel ? As this is a question of no little 
moment, I shall enter briefly into the 
discussiorw of it. 

How the jjj criminal prosecutions for libels, the 

law now ^ ^ 

stands. existing laws vest this power in the 
judges of that court, in which the cause 
is tried. But this prerogative, attached 
to the courts of law, is capable of being 
exercised to the ruin of the defendant, 
even when equity and reason would ex- 
cuse him, with no other penalty than the 
costs of the indictment, or, at most, 

inconsis- chastisc him with great lenity. In the 

tencv with 

the oenerai first part of tlic proccss, whcH thc cause 

spirit of the 

iaws. is to be brought before a jury, for their 

verdict upon the fact, the prisoner has 
the extraordinary privilege of perempto- 
rily challenging to the number of thirty- 
five 



OF THE PRESS. 305 

five jurors, and as many more as he can essay v. 
assign sufficient cause for rejecting; but, 
when the fact is estabhshed by the ver- 
dict of the jury, the cause reverts to the 
judges to determine the penalty. 

In the case of a civil action for a libel, Equity of 

the sen- 

the plaintiff alle2!:es his damap:es at a cer- ^^"^"^ ^" 

^ o <-> civil prose- 

tain sum; and the jury are to determine, [j^g^''^"'' 

whether that, or an inferior compensa- 
tion, shall be rendered by the defendant : 
and, if a jury be competent, in civil cases, 
to decide the penalty, their natural abi- 
lity, in criminal cases also, to return an 
equitable verdict, which should fix the 
nature and degree of the punishment, 
must be admitted. And, perhaps, it 
would be difficult to shew cause, why 
jurors should be legally disabled in the 
latter, more than in the former case. If 
this right were obtained, we should 
enjoy the constitutional privilege of a 

X free 



306 ON THE LIBERTr 

essayv. fj^QQ press, in its mast ample extent ; 
while government, publick and private 
individuals, and the morals of society, 
would be equally secured from hostile 
attacks, by possessing adequate means of 
redress. 

With the exception already mentioned, 
the great distinction between equitable 
liberty and unjust restraint consists in 
having, or not having, liberty to publish 
our speculations, without first obtaining 

coudition the sanction of a legal inspector. During 

of the Press 

prior to the ^]^e cxistencc of the Star Chamber, all 

Revolution. 

new publications underwent the inspec- 
tion and revision of persons nominated 
by that odious court. By its decrees, 
the number of printers and of presses 
throughout the kingdom was limited; 
and the publication of every book, which 
was obnoxious to that arbitrary jurisdic- 
tion, suppressed, because it maintained 

the 



OF THE PRESS. 30/ 

tlie principles of either civil or religious essay v. 
liberty. The Long Parhament, also^ as- 
sumed this tyrannical authority of li- 
censing all books, before they were issued 
from the press : and it was not till one its liberty 

obtained 

thousand six hundred and ninety-four, soon after 

*' that event> 

the fifth year of William and Mary, that 
this invaluable branch of British liberty 
was fully obtained; but, from that pe- 
riod, to the present, the press has re- 
mained properly free. Several attempts Andperpe- 

■*- -^ -^ ^ tuatedto 

"were made, at subsequent periods, to thne^"^^^^^* 
bring it again under the control of the 
Crown ; but the Parliament ever has, and, 
we hope, ever will preserve, its rights in- 
violate. Upon this, as a hinging point, 
the permanence of the British Constitu- 
tion depends. Insidious attacks upon The great 

^ J- preserva- 

our liberties may sometimes be made; comtk^u* 
but, if the press remain free, the most 
temerarious minister will not venture 

X 2 upon 



308 ON THE LIBERTY 

Essay V. upoD 'duj flagrant innovations on publick 
or individual liberty. And, were this na- 
tional right delivered from the one re- 
maining shackle of arbitrary power, by 
transferring the judicial act of giving 
sentence against the delinquent, from the 
court to the jurors, we might safely pre- 
dict the perpetuity of our constitutional 
privileges to our children's children, 
through many generations. 



Section V. 

On the ten- 
dency of the Q^^ ^^^ particular influence of the liberty of the 

promote Press^ in promoting the cause of true Religion. 

religion. 

The Scrip- When the church of Rome gained the 

tures de- n i ^ i • i 

nied to the asccndcucy over all other churches in the 

laity by the 

church of western kingdoms of Europe, and her 
bishop was acknowledged as the Papa of 
all other bishops, she impiously forbade 
the laity to read the Scriptures, and, 
with the strong arm of power, wrested 

those 



OF THE PRESS. 300 

those sacred books out of their hands, essay v. 
Having accomplished this iniquitous pur- 
pose, she propagated her own traditions ; 
and, under the sanction of Papal infalli- 
bility, taught the people to believe, that 
her own pretended visions, miracles, and 
legendary tales, were of equal validity 
with the books of the Old and New Tes- 
taments. Hence we learn the oripin of 
that dark night of error, which succeeded 
the early diffusion of Gospel light. 

From Rome, as a pool, wherein the supersti- 
tion and 
exhilaratinp^ streams of the Gospel had error the 

^ conse- 

grown stagnant, a thick pestilential va- '^^^^''^ ""^ 
pour arose, which darkened the under- 
standings of mankind, while it poisoned 
their principles. From thence it spread, 
in all directions, over the Christian hemi- 
sphere; till almost every point of that 
wide horizon, over which the Sun of 
Righteousness had diffused his cheering 

ravs. 



310 



0N THE LIBERTY 



Essay V. 



Luther 
circulated 
the Scrip- 
tures, and 
thus dif- 
fused the 
light of 
truth. 



rays, was enveloped in darkness, more 
awful and more portentous, than that 
which descended upon rebellious Pha- 
raoh, and the callous sons of Ham. 

But, when the celebrated Martin Lu- 
ther, in defiance of the anathemas pro- 
nounced by Leo the Tenth, Adrian the 
Sixth, and Clement the Seventh, brought 
out the Scriptures to publick view, trans- 
lated them into the German tongue, and 
inculcated the perusal of them by the 
laity, many thousands of the people, 
who formerly '' sat in darkness and the 
'' shadow^ of death," could unite with 
David, in his admirable address to Je- 
hovah : '' The entrance of thy word 
'' giveth light ; it giveth understanding 
^' to the simple ^" Happily for many 
nations upon the continent of Europe, 

but 



(l) Psalm cxix. 130. 



OF THE PRESS. 31 1 

but more especially for the British Isles, essay v. 
that lip'ht has never been extinp:uished. in England 

^ ^ truth has 

In this favoured country, the knowledge l^^^"^ ^^"^; 

J ^ o ing ground, 

of Divine truth has been like the progress many%es. 
of the orb of light, " shining more and 
'' more unto the perfect day^." When 
'' God said, Let there be light, . . . there 
" was light '^;" and that glorious luminary, 
which stands as the centre of our plane- 
tary system, appeared in the heavens, 
and, by his effulgence, hath, to the pre- 
sent hour, continued to irradiate the 
earth. Thus, also, at the Reformation, 
when the providence of God brought 
forth the sacred Scriptures, from those 
repositories where they had long lain 
forgotten, he caused the Sun of Righte- 
ousness to arise upon the moral world, 
and to shed his more glorious radiance 

upon 



(2) Prov. iv. 18. (3) Genesis, i, 3. 



312 ON THE LIBERTY 

essayv. upon the souls of men : '' For God, who 
'' commanded the Ught to shine out of 
^' darkness, then shined into the hearts 
^' of men, to give the Kght of the know- 
'' ledge of the glory of God, in the face 
" of Jesus Christ ^" 

At the memorable period in which 
we live, nothing is deficient, that can 
contribute to promote, either faith, or 

wehavea holiucss in our souls. The Scripture is 

printed re- 

veiation of complctc, and, in the p'eneral, accurate- 

the Divine 1 ^ ^ J^ ^ 

wiu. Yy translated : the prophecies are, in part, 

accomplished, and others are daily ful- 
filling : and, consequently, we have a 
fulness of evidence, that the Bible is the 
Word of God ; and, hence, we discover 
the high importance of our Saviour's 
precept: '' Search the Scriptures; for in 
'' them ye think ye have eternal life, and 

'' they 

(1) 2 Cor. iv. 6. 



OF THE PRESS. 313 

'^^ they are they that testify of me^." essay v. 
These, surely, are considerations, which 
should induce every sober thinking man 
to study the Scriptures with unremitted 
assiduity ; and to esteem the freedom of 
the press an invaluable blessing, by 
which, as the sole medium, the publick 
obtained repossession of the Bible. 

Through the same medium, wc enjoy a nee Press 

the medium 

the liberty of expounding Scripture, ac- <>fTheoio- 
cording to our own views. Unawed by '''^^^'''''' 
the formidable names of Justin the Mar- 
tyr, Irenasus, TertuUian, Origen, Austin, 
Athanasius, and the host of primitive 
fathers, we venture to prefer the writings 
of many modern authors, before all the 
productions of the second, third, and 
fourth centuries. We highly esteem the 
works of Owen, Howe, Bates, Charnock, 

Flavel, 

(2) John V. 39. 



314 OjNT THE LIBERTY 

essayj. Flavel, Baxter, Lardner, Locke, Boyle, 
Watts, Doddridge, and many of their 
cotemporaries ; yet, we '^ call no man ma- 
^' ster upon earth;" but, like the ancient 
eclectic philosophers, we select, from 
every author, those observations, which 
appear, to our judgements, to approach 
the nearest to unadulterated truth. Much 
has been done to explain Scripture ; but 

Probable this fact docs not supersede the use of 

l)enefits 

thatwiUre- further attempts to elucidate many pas- 
suit from ^ : -^ ^ 

^^'^' sages which yet remain obscure. Perhaps 

the day is not far distant, when God will 
pour forth his Spirit, in an abundant 
degree, upon those, w^ho are diligently 
studying to apprehend his will ; and 
thus enable them to explain the darkest 
sentences of the inspired volume, in a 
manner so simple, perspicuous, and lucid, 
that believers of the meanest capacity will 
be able to understand their implex subjects. 

From 



OF THE PRESS. . 315 

From such unbounded liberty of inves- essay v. 
tiratinp; the history, miracles, doctrines, itwuiex. 

<=5 t5 J ^ ' Cite contro- 

and precepts of Scripture, and of pub- ^^JPaig^""^ 
lishing to the world the result of our in- truth.^^ 
vestigation, controversy will arise ; but, it 
will ultimately promote the cause of truth. 
The various errors that appeared in the 
church, in the early ages of Christianity, 
caused numerous dissentions among the 
professed disciples of Jesus Christ, and 
excited a spirit of acrimonious contro- 
versy upon the great doctrines of the 
Gospel: but, even that circumstance has 
been subservient to the cause of true 

religion : those controversies have been Controver- 
sy produced 

the means of perpetuatino-, to this re- thetestimo- 



mote period of time, the sentiments and 
testimonies of the early Christian mini- 
sters, which constitute good historical 
documents of the sense, in which the im- 
mediate disciples of the Apostles under- 
stood 



nies of the 
Fathers. 



3l6 



ON THE LIBERTY 



es^ayv. stood many of the doctrinal parts of 
Scripture. 

But, the most important advantage, 
that has resulted from the early dissen- 
tions of the Christian church, is, the 
present purity of the inspired writings. 

Controversy This has bccn the means of preserving 

preserved ~ 

the Scrip- ^^Q Scriptures pure and unalloyed by 

tures from J^ -L J J 

adultera- , • i r .\ ' 

tion. error ; as every sect, jealous or their op- 

ponents, and zealous for their own 
particular creed, would immediately have 
detected an interpolation, and exposed 
every perversion of the obvious sense of 
Scripture, or innovation upon the ori- 
ginal text. 

Free inqui- Coutrovcrsy naturally excites a spirit 

ry will deve- 

lope truth, of free inquiry ; and a spirit of free 
inquiry in religion, must, ultimately, 
terminate in the disclosure of truth. If 
many minds be intentively occupied in 
the study of any given subject, it is 

highly 



OF THE PRESS. 31? 

highly probable, that some will succeed essay v. 
in the investigation : or, if none should 
succeed in every particular, that, ^vhich 
escapes the observation of one man, may 
occur to some other ; and, by each con- 
tributing in some degree to elucidate the 
subject, all may, eventually, attain a clear 
apprehension of its nature. 

While a spirit of free inquiry is exer- ^tTlaf" 

1 ^ ^ . . -.be obtruded 

cised, many absurd opmions may be onthepub- 

lick. 

obtruded upon the publick; but, these 
will speedily meet their fate, and sink 
into oblivion, leaving truth alone to reign 
for ever. It would be an insult to the 
understandings of mankind, to suppose, 
that, if a spirit of free inquiry be in- 
dulged, the cause of error will find more 
able advocates than that of truth. Reason ^^^ '•^^soa 

will prevail. 

suggests, that men of the best under- 
standings will choose the better side ; and 
thus pre-occupy the higher ground, 

where 



cited, but 
truth will 
succeed. 



318 ON THE LIBERTY 

^Ilfll/ where their more formidable artillery 
may be discharged, to the best advantage, 
against their opponents. 

Malignity YrcG inquirv upon questions in relirion 

may be ex- l j a. x o 

may excite a spirit of implacable malice in 
the hearts of wicked men, against the ad- 
vocates of piety, rectitude, and integrity ; 
but the cause of God and truth must 
eventually triumph. Let us appeal, for 
proofs of this proposition, to the lives of 
Martin Luther and the English Puritans^ 
Martin Luther, the apostle of the 
The life of German empire, was originally provoked 

Luther an 

illustration to cntcr thc lists, arainst the pontiff and 

of this sen- *-^ 

cardinals of the Roman See, through the 
scandalous publick sale of Papal indul- 
gences in sin, by John Tetzelius, a Do- 
minican friar. This venal priest presu- 
med to introduce the iniquitous traffick 
into the city of Wittenberg, where Luther 
was Divinity professor in the University. 

The 



timent. 



OF THE PKESS. 310 

The first opposition, which that cele- '^~^^^' 
brated reformer offered to the autho- 
rity of the Roman pontiff, went no 
further than to counteract the unrestric- 
ted grant of plenary indulgence in any 
sin, for a stipulated priced 

Probably, Luther did not, at that pe- ^e did not 

•^ ■*- at first en- 

riod, entirely reject the doctrine of in- -i^dui/eices. 
dulgences, but required moderation in 
the extent to which they were granted, 
and delicacy in the manner of their dis- 
pensation : yet, when the storm of per- He was pro- 
voked to 
secution arose, it became necessary to further iu- 

•^ vestigation. 

investigate strictly the principles upon 
v/hich his resistance of Papal authority 
was founded ; and to inquire, whether 
they were calculated to support his mind 
under the torments which might be in- 
flicted by Inquisitorial tyranny. Exami- 
nation of his own principles confirmed 

him 

(1) See Note XXXII. 



320 ON THE LIBERTY 

Essay V. him in the resolution to vindicate them 
with his latest act of reason ; and, free 
inquiry into the atrocities of the Romish 
church, disclosed innumerable frauds, 
which were unblushingly practised upon 
investiga- all hcr subjccts. The discovery of such 

tion disco- 
vered fresh gross abuscs produced more vigorous re- 
abuses. 

monstrances on the part of Luther; to 
which the advocates of the hierarchy, 
and of profligacy, replied with much acu- 
men : but all their efforts to suppress the 
doctrines of the Gospel, by dogmatical 
assertions of the Pope's infallibility, or by 
personal menaces against the Reformer, 
And ended terminated in the entire renunciation 

in a separa- 

thTprpS ^^ P^P^^ authority by Luther, and the 
schism of a great part of the German 
empire, the Netherlands, Sweden, and, 
within a few years, of England also, from 

the communion of the Roman church K 

The 

(l) See Middleton's Life of Luther. 



commu- 
wion. 



origin 
of the Pu- 
ritans. 



OF THE PRESS. 321 

The rise and progress of Puritanical essay v. 
sentiments were analogous, in many par- ^he 
ticulars, to the Reformation in Germany 
In the reign of Henry the Eighth, the 
church of England was severed, by an 
imperious decree of that monarch, from 
the Roman Pontiff, as its ecclesiastical 
head. This induced many persons to 
investigate those doctrines, to which 
they had, with implicit faith, formerly 
subscribed : and the assumption of 
supremacy by the King excited a su- 
spicion, that the pretensions of the 
Monarch and the Pontiff were equally 
fictitious. At this period, the principles Their intei- 

leetual pro- 
of the German Reformer made some s^-ess facili- 
tated by 

progress in England ; and these gradual ^"^^^'^^i^n^" 
advances toward reformation, prepared 
the minds of the people for that event, 
in the reign of Edward the Sixth. 
During the life of that amiable prince, 

Y many 



322 ^ ON THE LIBERTY 

Essay V. many abuses were corrected, and the 
principles of the pure Gospel made rapid 
progress in emerging from the errors of 

Bp. Hooper Popcrv. In this reip:n, some dissention 

aPuritani- ^ '^ . ^ 

tfenf^'^'' arose about consecration in Popish ha- 
bits, in consequence of Bishop Hooper 
refusing to submit to the ceremony with 
those appendages ; and the acrimony 
of some other bishops, in defence of 
the practice, produced a division in fa- 
vour of a more entire reformation. 

Conse- In the reign of Mary, great numbers 

quences of 

Q. Mary's of Protcstants fled from her merciless 

intolerance. 

proscriptions, to seek an asylum in 
neighbouring reformed states. During 
their residence abroad, a division oc- 
curred, upon the propriety of retaining 
the Liturgy and forms of w^orship, as 
established bv Edward the Sixth, or 
of reforming the church more entirely 
from Popish ceremonies. Those who 

espoused 



OF THE PRESS. 323 

espoused the cause of the Liturgy, etc, essay v. 
as used in the days of Edward, rained Elizabeth 

'' ^ excited to 

the ear of Elizabeth, upon her accession jJ'ytnT''''^ 
to the throne, and obtained the esta- Reiormers'r 
blishment of that form of worship, 
by Act of Parhament. This being ef- 
fected, they proceeded to persecute their 
brethren, who dissented from the esta- 
bhshed forms of devotion and church 
discipHne, with a degree of severity, 
almost equal to those sanguinary deeds, 
which have left an indelible disgrace 
upon the name of Queen Mary. 

Had those Protestant divines, who 
were promoted to dignified stations in 
the Episcopal church, manifested a con- 
ciliatory spirit toward their Puritan bre- 
thren, perhaps a schism would have been 
avoided ; but the unjust severities and 
intolerant requirements of those, who 
had obtained Elizabeth's favour, were 

Y 2 the 



324 



ON THE LIBERTY 



Essay V. 



Intolerance 
compelled 
the Puri- 
tans to in- 
vestigate 
their prin- 
ciples. 



The prin- 
ciples of 
dissent 
obtained 
numerous 
advocates. 



the means of extending and perpe- 
tuating the breach. The measures they 
adopted, excited among the Puritans 
a strict investigation of the principles 
upon which their separation was foun- 
ded; and this, by leading them into 
a more clear view of the question, 
terminated in a resolution not to con- 
form, and thus rendered the breach 
irreparable. And, as a final result, those 
severities, which were exercised against 
men who were conspicuous for piety of 
heart and purity of morals, induced 
many persons, w^ho were strangers to 
the subject of the controversy, to in- 
quire into the principles upon which 
the Puritans separated from the Esta- 
blishment ; and in this instance, as in 
almost every other, which is recorded 
in the pages of History, truth pre- 
vailed, and brought daily accessions to 

the 



OF THE PRESS. 325 

the number of advocates for a purer ^^l2) 

worship ^ 

The primitive Nonconformists, v^hen The perse- 
cution of 

excluded from their pulpits, exercised J^^^^jg^""/ ^ 
their talents in writing works for the thdr^nume- 
press ; and those treatises, which were ucations. 
composed in their solitary leisure months, 
when the scowling storms of persecution 
kept them within their own doors, have 
done more in promoting the cause of 
Christ in subsequent ages, than their 
pulpit labours could possibly have done 
in any one age, had they been permitted 
to obey the dictates of conscience with- 
out molestation. Thus, under some 
form, God will always '^ cause the wrath 
^* of man to praise him^," and render 
the most malignant opposition of wicked 
men subservient to the interests of his 

Church. 

(1) See Neal's Puritans, vol. i. ch, 1, 2, 3, 4, passim. 

(2) Psalm Ixxvi. 10. 



326 ON THE LIBERTY 

essayv. Church. Doubtless, the hearts of those 
conscientious ministers were often sor- 
rowful, while they beheld error counter- 
acting the efforts of truth, and profane- 
ness, under the sanction of the highest 
authorities in the nation, chasing virtue 
and religion into the shades of soli- 
tude. Their minds were oppressed with 
holj grief, while they witnessed the 
affliction of the Church, and saw men of 
eminent talents, and pre-eminent piety, 
expelled from their pulpits, and inter- 
dicted from preaching. Yet these por- 
tentous events '^ have fallen out rather 
'' to the furtherance of the Gospel." The 
severities, which were exercised upon 
those holy men, were the means of 
drawing a definite line of distinction 
between the pious and profane ; and 
that circumstance, eventually, proved the 
means of emancipating their posterity 

from 



OF THE PRESS. 32/ 

from the shackles of an arbitrary, Epi- essay v. 
scopal authority. While eminent primi- This has 

-■- *' -*- eminently 

tiv^e Nonconformists lamented over the p^^^^^^t^^ 

the cause of 

degeneracy of the age in which they ^^'^'^"* 
lived, and over the degraded condition 
of the Church of Christ, those circum- 
stances of degeneracy on the one part, 
and degradation on the other, were the 
procuring cause of the publication of a 
large number of w^ell-written books on 
Divinity, which have almost entirely su- 
perseded appeals to the ancient Fathers ^ 

The freedom of the press is the p:rand Liberty of 

^ ^ the Press 

Palladium of religious liberty ; and this o^Toitr.'^ 
must be destroyed, before any serious 
attack can be made upon liberty of con- 
science. It is a medium, through which 
Truth addresses the understandings of 
men ; and, if the human understanding 
be assailed by the artillery of truth, it 

will 

(1) See NoteXXXIII. 



328 ON THE LIBERTY 

essayv. will not long continue to be the citadel 
A means ^f error. This has been amply illustrated 

ot promo- ■*- ^ 

tdfcfrt^- t)y the general progress of religion in 
Britain, from the period when the liberty 
of the press was fully obtained, down to 
the present time. Knowledge has been 
extensively diffused ; and, as the neces- 
sary consequence of the dissemination of 
general knowledge, the cause of piety 
has made rapid advances in its approxi- 
mation to that august period, when the 
great deceiver of mankind shall be cast 
out of his kingdom, in their hearts ; be 
subjugated by the irresistible power of 
Jesus Jehovah ; and be ignominiously 
confined, within the precincts of the 
bottomless pit. 

By the free exercise of the press in 
our own day, all classes in the commu- 
nity possess the means of defending their 
religious principles, in candid appeals to 

the 



OF THE PRESS. 329 

the reason and consciences of mankind : essay v. 
and while this privilege is enjoyed, we 
must presume that truth and equity will 
gradually gain ground upon superstition 
and intolerance. The publick will be ex- 
cited to a strict and impartial investiga- 
tion of the political tendencies of the 
sentiments professed by the several re- 
ligious sects in the community : and 
while a candid examination of the prin- 
ciples maintained by most of the different 
sects will discover them to be not only 
harmless to the State, but even friendly 
to the radical principles of our happy 
Constitution, we are w^arranted to con- 
clude, that the tone of publick opinion 
will become increasingly liberal. That the 
religious views of the various denomina- 
tions of Protestant Dissenters have no 
political tendency, and that their poli- 
tical principles, as a body, are eminently 

loyal, 



330 ON THE LIBERTY OF THE PRESS. 

Essay V. loyal, has already been proved : that their 
doctrinal articles, and forms of church 
government, though, as they presume, 
capable of a rational and Scriptural de- 
fence, are not proper subjects of the civil 
magistrate's jurisdiction, has also been 
shewn : and, therefore, while Protestant 
Dissenters have an opportunity of freely 
appealing to the understanding of the 
Legislature and the publick, through the 
medium of an unrestricted press, the re- 
sult will be favourable to the cause of 
the dissidents ; and every unbiassed mind 
will be constrained to drsiw the infe- 
rence, that the liberties of a body, so 
numerous, opulent, virtuous, and loyal, 
as the Protestant Dissenters, appear to 
be — must be — greatly augmented, rather 
than diminished. 



NOTES 



AND 



ILLUSTRATIONS. 



333 



NOTES & ILLUSTRATIONS. 



NOTE I. p. 37. 

It is very remarkable to this purpose^ that Orobio 
the Jew, in his conference with Limborch, freely ac- 
knowledges, that, in Spain and Portugal, all the mona- 
steries and nunneries are full of Jews; that many canons, 
inquisitors, and bishops, being descended from Jewish 
parents, are still Jews in their hearts, though, for tem- 
poral advantages, they profess to be Christians. Some of 
these, he says, repent, and, if they can, escape into other 
countries ; of which he himself was one ; who con- 
fesses, he had often complied with the idolatries of 
the place : — "Ego qui toties miser genua Baali flexi, 
^^ peccatum meum ego recordor," &c. Jud. Script. Test. 
No, 4. p. 102. And Limborch afterwards declares, 
that Orobio had himself owned, that the Jews in Spain 
are taught by their parents, that, in order to escape 
the Inquisition, it is lawful to profess Christianity, 
while they deny it in their hearts ; and to confirm that 
profession by swearing on the cross, and by eating 

swine's 



334 NOTES AND ILLUSTRATIONS. 

swine's fleshy &c. Liml. Resp. ad Script, iii. cap. v. 
p. 178. See Doddridge's Works, vol. iii. p. 136. 



NOTE 11. p. 44. 

Perhaps the insertion of profane swearing in the 
catalogue of those enormous crimes which deserve 
criminal prosecution, and the inculcation of which 
merits severe reprehension, may appear to some per- 
sons highly exceptionable ; but, if we reflect upon the 
natural consequence of profane swearing in familiar 
discourse, or of profanely introducing the " Holy and 
Reverend " name of God in ordinary conversation, 
I am persuaded, that every wise and good man will 
concur in the sentiment, that persons thus accustomed 
to prostitute the most solemn words or sacred titles, 
may easily be induced to apply them with as much 
falseness in a court of justice, as with impudent fa- 
miliarity in the ordinary avocations of life. Fear 
of the pillory and its appendages may restrain from 
swearing falsely in many cases; but the sacred qua- 
lities of the oath are nevertheless destroyed, since 
the man is prevented from contracting the guilt of 
perjury by fear of human vengeance, and not by 
the dictates of a conscience tenderly alive to its 
heinous nature, as an act of transgression against 
God. 



Note 



NOTES AND ILLUSTRATIONS. 335 

NOTE III. p. 49. 

The following Extracts are produced in corro» 
boration of the principles attributed to the Quakers. 

" The Scriptures are a sealed book to all, but those 
*' who know them by the same hand which originally 
"^ gave them. So that, however common they may be 
" in the world, they are strangers to them that under- 
*' stand them not ; and though old, respecting the 
*^ time when they were revealed to the Saints, yet new 
" to every age : so that we assert not a revelation of 
*^ new things, but a renewed revelation of those things 
^' God made former ages witnesses of; otherwise men 
*^ are no more benefited by them : and to be benefited, 
" they must be made ours by the Spirit, which made 
" them the holy ancients'." Penn, p. 37. 

" Suppose any man should pretend a vision of very 
*^ strange and unwonted things^ should imitate a 
" trance, and personate some extraordinary inspired 
^^ person; by what place of Scripture 'would others 
^^ assure themselves of the sincerity or imposture of 
" such a person; his rationals being otherwise sound, 
*^ his life sober, and his pretences no way anti- 
'^ scriptural ? — I affirm to all the world, that, in this 
'^ case, no outward mean whatsoever decides the matter, 
" or clears the doubt, only the invisible light, power, 
" or Spirit of God ; yea, and that in far less cases too. 
'^^ In w^hich sense, chiefly, it is the dispensation of 
" the Gospel^ so called, and justly preferred before 
" all other." Penn^ p. 49. 

Note 



336 NOTES AND ILLUSTRATIONS. 

NOTE IV. p. 49. 

To this light, or Word within, they seem to appeal, 
rather than to the written volume of Revelation ; for 
which, however, they avow a high regard. They pro- 
fess to wait the impulse of the Spirit in every affair ; 
but especially in all that concerns religion, or the 
worship of God. Bogue and Bennett's Hist, of Diss. 
vol. i. p. 138. 

The following anecdote will further illustrate the 
principle. A minister, on the Lord's day, having 
taken for his text the words of the Apostle Peter, 
'^ We have a more sure word of prophecy, to which ye 
" do well to take heed, as to a light that shineth in 
" a dark place," was contradicted by George Fox, one 
of the early Quakers, who " feeling, as he apprehended, 
" a Divine power opening his understanding into a 
^^ clearer conception of the meaning of the text, and an 
^^ authority to express his sense thereof, he signified 
" that this more sure word of prophecy was not the 
" Scriptures, but the Holy Spirit.'' Gough's Hist, of 
Quakers, vol. i. p. 82. 



NOTE V. p.55. 

The only pretenders to religion, who attempted any 
thing against the government, was a small number 
of enthusiasts, who were for King Jesus. Their leader 
was Thomas Venner, a wine-cooper, who, in his little 
conventicle in Coleman street, warmed his admirers 
with passionate expectations of a fifth universal mon- 
archy. 



isrOTES AND ILLUSTRATIO^TS. 337 

^irchy, under the personal reign of King Jesus upon 
earth, and that the saints were to take the king;dom 
to themselves. To introduce this imaginary kingdom, 
they marched out of their meeting-house, towards 
St. Paul's Church-yard, on Sunday, Jan. 6th, to the 
number of about fifty men, wxll armed, and with a re- 
solution to subvert the present government, or die in 
the attempt. They published a declaration of the design 
of their rising, and placed centinels at proper places. 
The Lord-mayor sent the Trained Bands to disperse 
them, whom they quickly routed, but in the evening 
retired to Cane Wood, between Highgate and Hamp- 
stead. On Wednesday mornings they returned, and di- 
spersed a party of the King's soldiers in Threadneedle 
street. In Wood street they repelled the Trained Bands, 
and some of the Horse Guards ; but Venner himself was 
knocked down, and some of his company slain : from 
hence the remainder retreated to Cripplcgate, and took 
possession of a house, which they threatened to defend 
with a desperate resolution ; but nobody appearing to 
countenance their frenzy^ they surrendered, after they 
had lost about half their number. Venner, and one of 
his officers, were hanged before their meeting-house 
door in Coleman street, Jan. IQth ; and, a few days after, 
nine more were executed, in divers parts of the city, — 
NeaVs Hist. vol. iv. p. 3 10. 

NOTE VI. p. 58. 

it is " the calling upon God to witness, i. e. to take 
^* notice of what we say ;" and it is " invoking his 

z '' venge- 



338 NOTES AND ILLUSTRATIONS. 

" vengeance^ or renouncing his favour^ if what we say 
" be false, or what we promise be not performed." — 
Paley's Moral Philosophy, vol. i. chap. 16. § 2. 



NOTE VIL p. 58. 

Remove God once out of heaven, and there wdll 
never be any Gods upon earth. If man's nature had 
not something of subjection iu it to a Supreme Being, 
and inherent principles obliging him how to behave 
himself toward God, and toward the rest of the world, 
government could never have been introduced, nor 
thought of. Nor can there be the least mutual security 
between governors and governed^ where no God is ad- 
mitted. For it is acknowledging of God, in his su- 
preme judgement over the world, that is the ground 
of an oath, and upon which the validity of all human 
engagements do depend. — IVolseley's Unreasonableness 
of Atheism, p. 152. 

NOTE VIIL p. 61. 

Nature's light is no less defective, as to the discovery 
of punishments ; for, however the forebodings of guilty 
consciences, a dark tradition handed down from ge- 
neration to generation, and some exemplary instances 
of Divine severity, leave some impressions of punish- 
ment on the minds of many in all ages, yet it is well 
known, that those things were ridiculed by most of the 
philosophers ; the poets' fictions made them contempti- 
ble ', and the daily instances of impunity of sinners 
' * here 



NOTES AND ILLUSTRATIONS. 33Q 

here weakened the impressions. Besides, "evils that 
follow duty, and losses sustained, are sensible, present, 
certain, know^n, and so affect strongly; and therefore 
are not to be balanced by punishments, which are not, 
or rather, at least, are rarely executed in time, and 
whereof there is little distinct evidence after time. 
For be it granted, that the justice and holiness of God 
render it incredible, that so many transgressors, as escape 
unpunished here, should get off so ; yet certain it is, 
that nature's light can no way inform what punish- 
ment shall be inflicted See Halyhurton, on the Lisuf- 

Jiciency of Natural Religion, p. 87. 



NOTE IX. p. 62., 

The absolution given by the priest, after confession, 
is in this manner : ^* Our Lord Jesus Christ, who has 
^^ left power in his Church to absolve all sinners who 
" truly repent and believe in him, of his great mercy 
" forgive thee thine offences; and, by his authoritv com- 
^' mitted to me, I absolve thee from all thy sins, in the 
" name of the Father, Son, and Holy Ghost. Amen." 
— ^See View of Religions, by Hannah Adams, p. 251. 

The decrees of indulgence, finishing the council, 
and demanding confirmation, were read, and approved 
by all. After dinner, the session was held, in which 
the decree of indulgence was read, containing in sub- 
stance : That Christ hath given authority of granting 
them to the Church, and (the churchj hath used the 
same from all antiquity. And, therefore, the synod 

z 2 doth 



34 O NOTES AND ILLUSTRATIONS. 

doth teach, and command, that the use of them ought 
to be continued, as profitable for Christian people, 
and approved by councils ; and doth anathematize 
those that shall say they are unprofitable, and that 
the Church hath not power to grant them. — Hist, of 
Council of Trent, p. 812* 



NOTE X. p. 63. 

Make not God the object of your oaths {i.e. so as 
to swear frequently by him) ; that ye will deal justly, 
and be devout, and make peace among men ; for God 
is he who heareth and knoweth. God will not punish 
you for an incoijsiderate word in your oaths ; but he 
will punish you for that which your hearts have 
assented unto. God is merciful r — Sale's i^ora/z, chap, ii, 
p. 4a. 

God will not punish you for an inconsiderate 
word in your oaths, but he will punish you for what 
ye solemnly swear with deliberation. And the ex- 
piation of such an oath {to wit, an oath sworn inad^ 
vertently) shall be the feeding of ten poor men, with 
such moderate food as ye feed your own families 
withal, or to clothe them, or to free the neck of a true 
believer from captivity : but he who shall not find 
wherewith to perform one of these three things, shall 
fast three days. This is the expiation of your oaths, 
when ye swear inadvertently : therefore keep your 
oaths, — Sale's Koran, chap. v. p. 148. 

Note 



NOTES AND ILLUSTRATIONS. 341 

NOTE XI. p.' 67. 
The following decree is of greater importance, 
because the Council therein explains itself upon the 
validity of the safe-conducts granted to hereticks by 
temporal princes, in these terms : " The present synod 
'^ declares, that every safe-conduct granted by the 
^' emperor, kings, and other temporal princes, to 
" hereticks, or persons accused of heresy^ in hopes 
" of reclaiming them, ought not to be any prejudice 
" to the Catholick faith, or to the ecclesiasticafl juris- 
" diction, nor to hinder 5 but such persons may, and 
" ought to be examined, judged, and punished, ac- 
'^ cording as justice shall require, if those hereticks 
'^ refuse to revoke their errors, even though they should 
'^ be arrived at the place where they are to be judged 
" only upon the faith of the safe-conduct, without 
" which they would not have gone thither. And the 
" person who shall have promised them security, shall 
" not, in this case, be obliged to keep his promise, by 
" whatsoever tie he may be engaged, because he has 
^' done all that is in his power to do." 

To this decree it is necessary to add another, which 
relates to the safe-conduct of John Hus in particular. 
This decree, which is not in the printed Acts, is to be 
seen in MS. in the Vienna library. It runs thus, word 
for word. 

" Whereas there are certain persons, either ill 
" disposed, or over-wise- beyond what they ought to 
" be, who, in secret and in publick, traduce not only 
" the Emperor, but the sacred Council ; saying, or in- 
sinuating. 



342 NOTES AND ILLUSTRATIONS. 

^'^ sinuating, that the safe-conduct granted to John Hus, 
'' an arch-heretick, of damnable memory^ was basely 
" violated, contrary to all the rules of honour and 
" justice ; though the said John Hus, by obstinately 
" attacking the Catholick faith in the manner he did, 
^^ rendered himself unworthy of any manner of safe- 
" conduct and privilege ; and though, according to the 
^' natural, divine, and human laws, no promise ought to 
'^ have been kept ivith him, to the prejudice of the Ca- 
" tholick faith. The sacred Synod declares, by these 
"^ presents, the said Emperor did, with regard to John 
^^ Hus, what he might and ought to have done, not- 
" withstanding his safe-conduct ; and forbids all the 
^' faithful in general, and every one of them in par- 
■^ ticular, of what dignity, degree, pre-eminence, con^ 
" dition, state, or sex, they may be, to speak evil in 
'' any manner, either of the Council, or of the King, 
'^^ as to what passed with regard to John Hus, on pain 
" of being punished, without remission, as favourers 
" of heresy, and persons guilty of high treason/' — 
What the decree says, viz. that, according to the laws, 
natural, divine, and human, no faith ought to have 
been kept with John Hus, to the prejudice of the 
orthodox faith, is of a very general consequence. 
For unless it can be proved that the case of John Hus 
was different from that of all other hereticks, it follows 
clearly from thence, that no faith or promise ought 
to be kept w ith any heretick whatsoever* — Hist, of 
Coimcil of Constance, book iv. sect. 32. 

Note 



^OTES AND ILLUSTRATIONS. 34o 

NOTE XIL p. 67. 

See ah account of the death of the Queen of Na- 
varre ; the murder of Admiral CoHgni ; and the mas- 
sacre of St. Bartholomew's day, in Fox's Martyrs, vol.iii. 
p. 51 to p. 67. Also see a brief account of the Irish 
massacre in 1642^ in SouthtvelVs Martyrs, p. 410 to 
p. 415. 

NOTE XIII. p. 74. 

The nuptials of the young King of Navarre with 
the French King's sister^ were solemnized with pomp ; 
and all the endearments, all the assurances of friend- 
ship, all the oaths sacred among men, were profusely 
lavished by Catharine, the queen-mother, and by the 
king ; during which the rest of the court thought of 
nothing but festivities, plays, and masquerades. At 
last, at twelve o'clock at night, on the eve of St. Bar- 
tholomew, the signal was given. Immediately, all the 
houses of the Protestants w^ere forced open at once. — 
Some priests, holding up a crucifix in one hand, and a 
dagger in the other, ran to the chiefs of the murderers, 
and strongly exhorted them to spare neither relations 

nor friends. See SouthweWs Neiv Book of Martyrs, 

p. 104. 

France, also, is another country, which, since the 
Reformation, in some respects, perhaps, more than any 
other, has been a scene of dreadful cruelties suffered by 
the Protestants there. After many cruelties had been 

exer- 



344 NOTES AND ILLUSTRATIONS. 

exercised towards the Protestants in that kingdom^ there 
was begun a persecution of them in the year 1571, in 
the reign of Charles IX, king of France. It began 
with a cruel massacre^ wherein 70^000 Protestants were 
slain in a few days' time, as the king boasted : and, in 
^11 this persecution, he slew, as is supposed, 300,000 
martyrs. And it is reckoned, that about this time, 
within thirty years, there were martyred in this king- 
dom, for the Protestant religion, 39 princes, 148 counts, 
234 barons, 147,518 gentlemen, and 760,000 of the 
common people. — Pres. Edwards's Hist, of Redemption, 
Dr.W.'s ed. vol. v. p. 234. 

NOTE XIV. p. 93. 

Naturalization cannot be performed, but by act of 
Parliament : for by this, an alien is put in exactly the 
same state, as if he had been born in the King's liegance; 
except only, that he is incapable, as well as a denizen, 
of being a member of the Privy Council or Parliament, 
holding offices, grants, &:c. — Blackstone' s Commentaries, 
vol. i. p. 374. 

Aliens are incapable of taking by descent, or inhe- 
riting : for they are not allowed to have any inheritable 
blood in them ; rather, indeed, upon a principle of na- 
tional or civil policy, than upon reasons strictly feodal. 
Though, if lands had been suffered to fall into their 
hands, who owe no allegiance to the Crown of England, 
the design of introducing our feuds, the defence of the 
jcingdom, would have been defeated. Wherefore, if a 

mm 



NOTES AND ILLUSTRATIONS. 345 

fiian leaves no other relations but aliens, his land shall 
escheat to the lord. — Blackstone's Comm. vol. ii. p. 249. 



NOTE XV. p. g6. 

Wrongs are divisible into two sorts or species ; 
private wrongs , and puhlick wrongs. The former are an 
infringement or privation of the private or civil rights 
belonging to individuals, considered as individuals ; and 
are, thereupon, frequently termed civil injuries. The 
latter are a breach and violation of publick rights and 
duties, which affect the whole community ; and are di- 
stinguished by the harsher appellation of crimes and 
misdemeanors. — Blackstone's Comm. vol. iii. p. 2. 

A crime, or misdemeanor, is an act committed, or 
omitted, in violation of a publick law, either forbidding 
or commanding it. This general definition compre- 
hends both crimes and misdemeanors ; which, pro- 
perly speaking, are mere synonymous terms : though, 
in common usage, the word ^ crimes' is made to denote 
such offences as are of a deeper and more atrocious 
dye; while smaller faults, and omissions of less con- 
sequence, are comprized under the gentler name of 
^ misdemeanors " only. If I detain a field from another 
man, to which the la^v has given him a right, this is 
a civil injury, and not a crime ; for here only the right 
of an individual is concerned, and it is immaterial to 
the publick, which of us is in possession of the land : 
but treason, murder, and robbery, are properly ranked 

among^ 



346 NOTES AND ILLUSTRATIONS. 

among criiTies ; since, besides the injury done to in- 
dividuals, they strike at the very being of society, 
Vv'hich cannot possibly subsist where actions of this 
sort are suffered to escape with impunity. — Blackstone*s 
Commentary, vol. iv. p. 5. 



NOTE XVI. p. 99. 

In human governments, the power of dispensing 
with the laws in particular cases, is universally allowed 
to arise from the weakness and imperfection of all 
human systems. It is properly remarked by Marquis 
Beccaria, on crimes and punishments, that a perfect 
legislation excludes the idea of pardoning, or sus- 
pending the stroke of justice. — See Charges by the 
Hon. J, Rushy Pennsylvania. 

Nam non repugnat poenas lege definitas esse justas, 
et tamen easdem quandoque recte remitti. Nam leges 
in genere definiunt, quae poenae cuique delicto de- 
'bcantur, non considercitis pcculiaribus circumstantiis, 
quae in certa persona, aut certa reipublicae conditione 
quandoque occurrunt. Ast venia singulis indulgetur ob 
cer,tas rationes, quae haut quidquam in omnibus pec- 
cantibus, aut semper deprehendentur. — Vide Puffend. 
de Jure Naturce et Gentium , lib. viii. cap. 3. 



Note 



NOTES AND ILLUSTRATIONS. 34/ 



NOTE XVII. p. 101. 

The Parliament^ by the statute of 1st WilHam and 
Mary^ st. 2. c. 2. enacted^ that every person who should 
be reconciled to, or hold communion with, the See 
of Rome, should profess the Popish religion, or should 
marry a Papist, should be excluded, and be for ever 
incapable to inherit, possess, or enjoy, the crown ; and 
that, in such case, the people should be absolved from 
their allegiance, and the crown should descend to such 
persons, being Protestants, as would have inherited 
the same, in case the person so reconciled, holding 
communion, professing, or marrying, were naturally 
dead. To act therefore consistently with themselves, 
and at the same time pay as much regard to the old 
hereditary line as their former resolutions would admit, 
they turned their eyes on the Princess Sophia, electress 
and duchess-dowager of Hanover, the most accom- 
plished princess of her age. For, upon the impending 
extinction of the posterity of Charles the First, the 
old law of regal descent directed them to recur to the 
descendants of James the First ; and the Princess 
Sophia, being the youngest daughter of Elizabeth, queen 
of Bohemia, who was the daughter of James the First, 
was the nearest of the antient blood royal, who was 
not incapacitated by professing the Popish religion. 
On her, therefore, and the heirs of her body, being Pro- 
testants, the remainder of the Crown, expectant on the 
death of King William and Queen Anne without 

issue. 



348 NOTES AND ILLUSTRATIONS. 

issue, was settled by statute of 12 and 13 William III. 
cap. 2. And at the same time it was enacted^ that 
whosoever should hereafter come to the possession of 
the crown, should join in the communion of the Church 
of England, as by law established. — Blackstone's Comm. 
vol. i. p. 216. *^ 

For the security of the Protestant successioriy it was 
enacted, by statute 13 and 14 William HI. cap. 3. that 
the pretended Prince of Wales, who was then thirteen 
years of age, and had assumed the title of James the 
Third, should be attainted of high treason ; and it was 
made high treason for any of the king's subjects, by 
letters, messages, or otherwise, to hold correspondence 
with him, or any person employed by him, or to remit 
any money for his u§e, knowing the same to be for 
his service. — By the statute 1st Anne, st. 2. cap. 17. if 
any person shall endeavour to deprive or hinder any 
person, being next in succession to the crown, accord- 
ing to the limitations of the Act of Settlement, from 
succeeding to the crown, and shall maliciously and 
directly attempt the same by any overt act, such o-ffence 

shall be high treason. Blackstone's Commentaries^ 

vol. iv. p. 92. 



NOTE XVIII. p. 102. 

" It is a most dangerous thing, to shake, or alter, 
any of the rules, or fundamental points, of common 
law ', which, in truth, are the main pillars and sup- 

" porters 



NOTES AND ILLUSTRATIONS. 349 

" porters of the fabrick of the commonwealth."-* 
/Sir Edivard Cokes Institutes, 2d part^ p. 74. 



NOTE XIX. p. 127. 

After the storm was expelled by the victory of 
CuUoden^ the Dissenters were elevated in the esteem 
of the government. The rebellion called forth all 
their ardour in the cause of liberty, both civil and 
religious. They were agitated with an indescribable 
solicitude for the safety of the tolerant throne of 
Brunswick, and the preservation of that liberal con- 
stitution, under which they had, for half a century, 
enjoyed those blessings which ought to be dearest to 
immortal beings. The sermons of the pastors, and 
the prayers of the churches, spoke the lively interest 
they feh in the contest. Dr. Doddridge exerted him- 
self with great zeal, and at considerable expense, in 
a cause which appeared to him to affect the Christian 
as deeply as the patriot. His biographer says, " When 
" a regiment was raising in Northamptonshire, to be 
" under the command of the Earl of Halifax, he wTote 
^' many letters to his friends in that country and neigh- 
" bourhood, to further the design. He went among 
^^ his own people, to encourage them to enlist ; and 
" had the pleasure to find many of them engaging 
*^ chearfully in the cause. He drew up, and printed 
" at his own expense, a friendly letter to the private 
" soldiers of a regiment of foot, which was one of those 

" engaged 



350 NOTES AND ILLUSTRATIONS. 

^^ engaged in the glorious battle of Culloden." When 
his friend. Colonel Gardiner, fell in the struggle 
between the House of Hanover and the Family of 
Stuart, Dr. Doddridge honoured him as one who had 
poured out his blood for the sacred as well as civil 
liberties of Britons. It was his high sense of the 
importance of the contest to the religious interests of 
the kingdom, which inspired the biographer wdth the 
unusual eloquence which glows in his memoirs of the 
Colonel. Watts and Doddridge both employed their 
poetick talents in hymns, which were designed to 
aid the patriotick devotions of the Dissenters, and 
express their grateful contidence in the protection of 
Heaven to the righteous cause of Freedom. — See Bogus 
and Bennett's Hist, of Dissenters, vol. iii. p. 176. 



NOTE XX. p. 148. 

Another serious misfortune to France was the 
influence acquired by the popular societies. The 
Jacobin Club originated from a small and secret as- 
sociation of about forty gentlemen and men of letters, 
who united themselves, long previous to the meeting 
of the States-general, for the purpose of disseminating 
political knowledge among the mass of the people. 
It was afterwards melted into the Breton Club, at Ver- 
sailles, during the first sessions of the National 
Assembly ; and the society becoming numerous, on the 
removal of the King and Assembly to Paris,, it obtained 

the 



NOTES AND ILLUSTRATIONS. 351 

the possession of the Chapel of the Jacobins, on the 
dissolution of the monastick orders. The popularity 
which it acquired soon rendered it exceedingly nume- 
rous, and this circumstance pointed it out as a proper 
engine to work upon the passions of the multitude. 
From a very early period of its institution, one prin- 
cipal object was, to discuss such political questions 
as were likely to be agitated in the National Assembly, 
in order that the members might act in concert, accord- 
ing to the decisions of the majority. This plan was 
reduced to a system, when the club became numerous, 
and a regular president and secretaries were chosen; 
and it became a National Assembly in miniature. 
Besides the members, an immense multitude of auditors 
were admitted into the galleries, who applauded or 
condemned the speakers, as passion or caprice dic- 
tated. Here the most inflammatory declamations were 
heard with the most clamorous testimonies of appro- 
bation ; and every proposition, in the least inclining 
to moderation of sentiment, or wisdom in political 
conduct, was reprobated and condemned. In few- 
words, it became, ultimately, the mere vehicle of 
faction ; where, as is usually the case in such instances, 
the worst men, and the worst measures, were com- 
monly triumphant. Fraternal societies (according 
to the barbarous jargon, which was adopted as the 
language of anarchy,) were instituted in all the con- 
siderable towns in the kingdom : and the only object 
of emulation, in these nests of political hornets, seemed 
to be, which should act most unwisely, and least for 

the publick benefit. 

In 



352 NOTES AND ILLUSTRATIONS. 

In imitation of the Jacobins^ several other societiei^ 
were instituted for the purpose of political discussion 5 
and thus, independent of the^pertersion of sentiment, an 
intolerable waste of time was occasioned to the lower 
classes of society. It should have been one of the great 
objects of the National Assembly, to dissolve or restrain 
these factious assemblages, and to restore the nation from 
that political delirium, in which so great a revolution 
must necessarily involve them, to the sober paths of 
industry, economy, and proper subordination. — Hist, 
of the French Revohition, vol. i. p. 435. 



NOTE x:^r. 

What ground have either the Prince or the State id 
be jealous or alarmed at a new sect or opinion, so long 
as they inculcate nothing contrary to good morals, 
nor to the principles of civil government, and the 
respect due to the supreme authority of the state ? 
But the moment they begin to teach doctrines sub- 
versive of authority and government, they ought to 
be banished ; not from the mere circumstance of their 
being a new sect, or differing from the established 
mode of worship, but because their principles are 
destructive of publick order and peace. Were the 
mere novelty of a religion a sufficient reason for not 
tolerating it, with what propriety or justice could the 
primitive Christians complain of the cruel persecu- 
tions of Paganism, in the very heart of which they 

came 



NOTES AND ILLUSTRATIONS. 

came to announce a doctrine which was novel in every 
sense of the word, and which appeared to the world 

very strange and uncommon. ^^ It is necessary/^ 

you will reply, " to watch with a very strict eye all 
'* private assemblies and meetings, especially those 
" that convene by night." But men of honour and 
probity will never conceal themselves in that manner, 
unless they are deterred by fear, or compelled by immi- 
nent danger. And if there should be any real founda- 
tion for jealousy or distrust, might not certain persons 
be employed to visit their assemblies, and to be 
witnesses of what passed there ? 

See a Discourse on Lilerty of Conscience, by G. Noodt, 
Professor of Law in the University of Leyden, p. 167. 



NOTE XXIL p. 168. 

Then shall the Bishop examine every one of them that 
are to be ordered, in the presence of the people, after this 
manner folloiving : Do you trust that you are in- 
wardly moved by the Holy Ghost to take upon you 
this office and ministration, to serve God, for the pro- 
moting of his glory, and the edifying of his people ? 

Answer. — I trust so. 



A A Note 



354 NOTES AND ILLUSTRATIONS. 



NOTE XXIIL p. 176, 

1. The Oath of Allegiance^ by the 1st George, 
St. 2. cap. 13. 

I A. B. do sincerely promise and swear, that I will 
be faithful, and bear true allegiance to his Ma- 
jesty, King George. So help me God. 

2. The Oath of Supremacy, by the 1st George, 
St. 2. cap. 13. 

I A. B, do swear, that I do, from niy heart, 
abhor, detest, and abjure, as impious and 
heretical, that damnable doctrine and position, 
that princes, excommunicated or deprived by 
the Pope, or any authority of the See of Rome, 
may be deposed or murdered by their subjects, 
or any other whatsoever. And I do declare, 
that no foreign prince, person, prelate, state, 
or potentate, hath, or ought to have, any juris- 
diction, power, supremacy, pre-eminence, or 
authority, ecclesiastical or spiritual, within this 
realm. So help me God. 

See Burn's Jjisticey vol. iii. p. 231. 



Note 



NOTES AND ILLUSTRATIONS. ^55 



NOTE XXIV. p. 183. 

To a candid and liberal mind, it must be painful 
to reflect, that Arians and Socinians are still subject 
to those galling restrictions which the oppressive 
Acts of Parliament, passed daring the reigns of 
Elizabeth and Charles the Second, imposed on Dis- 
senters in general. See ih^ Act of Toleration, sect. 1 6, 
" Provided always, and be it further enacted, by the 
" authority aforesaid, that neither this act, nor any 
" clause, article, or thing, herein contained, shall 
,'^ extend, or be construed to extend, to give any ease, 
" benefit, or advantage, to any Papist, or Popish 
^^ recusant whatsoever, or any person that shall deny, 
*' in his preaching or writing, the doctrine of the blessed 
" Trinity, as it is declared in the aforesaid Articles of 
^^ Religion.'' — To the author of these Essays, the doc- 
trinal views of the Arian and Socinian appear grossly 
heterodox ; but the decision of the question, on which 
side truth is to be found, must remain to be given b^'' 
our final Judge ; and, in the interim, all parties will 
best secure to themselves his approbation, by obedience 
to those precepts which he enjoined. \Vhen tv/o of 
his disciples were desirous of calling down fire from 
heaven, to consume those who slighted their master, 
he reproved them in those emphatick w^ords, ^^ Ye 
"know not what manner of spirit ye are of;" and 
his injunction to all who profess to honour him as their 

A A 2 Lordj 



356 NOTES AND ILLUSTRATIONS. 

Lord^ is^ " As ye would that men should do unto you, 
*^ do ye even so to them." These are sentiments which 
must be grossly infringed by every species of perse- 
cution. 



NOTE XXV. p. 207. 

The following remarks upon the number of Pro- 
testant Dissenters were drawn up by a very eminent 
and intelligent Dissenter, in the year 1778 ; and, from 
the great increase of ministers and congregations, 
particularly in the Baptist and Independent connexions, 
perhaps if we were to compute the number of Pro- 
testant Dissenters, in the present day, at double the 
number at which Mr. Robinson then estimated them, 
it would not be an exaggeration. " The number of 

^^ partizans in many cases prove nothing — as in com- 
'^ muni ties where the people cannot — or may not — 
"think for themselves. — But in our communities-*- 
" where no secular interest warps— and where strong 
*' temptations attack — where inquiry is free — and men 
" actually examine — numbers are considerable. — The 
" present body consists of Baptists — general and 

'^ PARTICULAR — InDEPENDANTS — PrESBYTERIANS — 

^^ more strictly Independants, who occupy such meet- 
" ing-houses as were Presbyterian formerly — The 
" PEOPLE called Quakers. — There are in England 
" and Wales about 1400 congregations of the three 
"first denominations — the largest third of which is 

" Baptist 



NOTES AND ILLUSTRATIONS. 357 

*^ Baptist — The Quakers are numerous — The whole 
'^ is at least one-fifth of the nation." 

See Rolinson's Lectures on Nonconformity. 



NOTE XXVI. p. 220. 

" The baptism of the Dissenters (say the ecclesi- 
*' asticks) is no baptism; their dispensation of the Lord's 
" Supper is no sacrament; their prayers^ as ministers of 
" Christ, are no prayers, and have no influence; and their 
'^ preaching is no preaching, and utterly destitute of 
" effect: they are, therefore, all of them out of the pale 
" of the Church of God/' But on what foundation 
could they rest so weighty a charge ? They reasoned 
thus : " Ordination is absolutely necessary to make a 
'^ man a minister. This ordination must be performed 
" by the laying on of the hands of a bishop : and that 
'^ bishop must have derived his office and authority, by 
" a regular succession, from the Apostles. Such an 
'' ordination the dissenting ministers have not had : 
^^ they were ordained by presbyters only, who have no 
" right to ordain : therefore their ordination was not 
''^ valid. They are no ministers of Christ, but continue 
" mere laymen ; and their ministrations are invalid, 
" and have no effect. So that, though the poor unhappy 
" people think they are baptized, and have received the 
" Lord's Supper, it is a dangerous mistake : all their 

^Mninistrations are a mere nullity." The church 

of 



358 NOTES AND ILLUSTRATIONS. 

of Rome^ which;, in the symbolical writings of the 
Anglican churchy is represented as the whore of Baby- 
lon, was now considered as a chaste virgin espoused 
to Christ; her sons were embraced as brethren^ and 
their ministry and services accounted valid, because, in 
their ordination, a bishop laid his hand upon their 
shaven crowns ; while the unbishoped churches of the 
Reformation were disowned as of spurious breed, and 
their ministers were said to be in '^ pretended holy 
orders." — See Bogue and Bennett's History of Dis- 
senteis, vol. i. p. 419 — 421. 

The severity with which you speak of the ordi- 
nation of the Dissenters, though the very same with 
that of all the illustrious churches of Protestants abroad, 
whilst, at the same time, you are so complaisant as to 
acknowledge the validity of the ordinations of the 
church of Rome, is a conduct so extraordinary in a 
Protestant Divine, that I never yet saw any plausible 
reasons for supporting it. The hands, and the devoutest 
prayers of a company of truly virtuous, religious, and 
Christian Presbyters, in Scotland or Geneva, are not so 
efficacious, it seems, to send a man forth a true minister 
in the Church of Christ, as the hands and supersti- 
tious prayers of an Antichristian, idolatrous, perse- 
cuting, and wicked bishop of Italy or of Spain. No: 
let a priest, ordained by one of these, come over to the 
church of England, he shall be received as a valid mini- 
ster, rightfully ordained; but, let another, ordained by 
the most learned religious presbyterv, which Germany, 
Hungary, or the whole world)Can boast, come over also 

to 



NOTES AND ILLUSTRATIONS. 359 

to this church, this Protestant church, his orders shall 
be pronounced not valid ; he must submit to be re- 
ordained. — ToLVgood's Letters to IVh'ite, p. l/Q- 



NOTE XXVII. p. 269. 

It is necessary to observe, that the revolution in 
France was, at the first, too suddenly effected. The 
change in the circumstances, habits, and opinions of 
the people, was too violent, and they were too little 
prepared for the enjoyment of liberty.— Had the king 
favoured, to a certain degree, the liberty of the press, 
the free discussion of controverted points might have 
been advantageous to the cause of truth and modera- 
tion ; while, on the contrary, the people, having been 
wholly unaccustomed to the liberty of the press, were 
not on their guard against its licentiousness, and were 
constantly imposed upon, and (became) the dupes of 

the infamous journalists and their employers. A 

most fatal means of promoting bad dispositions among 
the people has been the popular societies, instituted 
throughout the kingdom, for debating upon political 
subjects ; and the Jacobins in particular. In the first 
dawn of French liberty, such institutions might have 
their use; but they should even then have been re- 
strained within moderate bounds, and as soon as 
possible dissolved. — History of the French Revolution^ 
vol. ii. pp. 336—346. 

Note 



360 NOTES AND ILLUSTRATIONS. 



NOTE XXVIII. p. 273. 

If there should happen any uncommon injury, or 
infringement of the rights above mentioned, which 
the ordinary course of law is too defective to reach, 
there still remains a fourth subordinate right, apper- 
taining to every individual; namely, the right of peti- 
tioning the King, or either House of Parliament, for 
the redress of grievances. In Russia, we are cold that 
the Czar Peter established a law, that no subject 
might petition the throne, till he had first petitioned 
two different ministers of state. In case he obtained 
justice from neither, he might then present a third 
petition to the Prince; but upon pain of death, if found 
to be in the wrong. The consequence of which was, 
that no one dared offer such third petition ; and griev- 
ances seldom falling under the notice of the sovereign, 
he had little opportunity to redress them'. The re- 
strictions, for some there are, which are laid upon pe- 
titioning in England, are of a nature extremely different ; 
and while they promote the spirit of peace, they are 
no check upon that of liberty. Care only must be taken, 
lest, under the pretence of petitioning, the subject be 
guilty of any riot or tumult, as happened in the open- 
ing of the memorable Parliament in 1640 : and, to pre- 
vent this, it is provided by the statute 13 Car. II. st. 1. 
c. 5. that no petition to the King, or either House of 
Parliament, for any alteration in church or state, shall 

be 

(l) See Montesquieu's Spirit of Laws. 



NOTES AND ILLUSTRATIONS. 36 1 

be signed by above twenty persons, unless the matter 
thereof be approved by three justices of the peace, or 
the major part of the grand jury, in the county; and in 
London, by the lord-mayor, aldermen, and common- 
council : nor shall any petition be presented by more 
than ten persons at a time. But, under these regula- 
tions, it is declared by the statute 1st William and 
Mary, st. 2. c. 2. that the subject hath a right to petition; 
and that all commitments and prosecutions for such 
petitioning are illegal. — Blackstones Commentaries , 
vol. i. p. 143. 

NOTE XXIX. p. 295. 

The unhappy influence of those publications, which 
tend to deteriorate the moral principles of the youth 
in the community, is manifest in a great variety of 
instances ; but in nothing more obvious than in the 
infidel bias which they impart to the general operation 
of the mental powers; and the awful consequence of 
that bias, when adverse events agitate the mind, and 
damp the ardour of expectation. 

" Thus often, unbelief, ^rown sick of life, 

" Flies to the tempting pool, or felon knife : 

*' The jury meet, the coroner is short, 

** And ' lunacy' the verdict of the court. 

" Reverse the sentence, let the truth be known, 

** Such lunacy is (unbelief) alone." 

Cowper's Truth. 

Note 



362 NOTES AND ILLUSTRATIONS. 



NOTE XXX. p. 302. 

Being thus in custody, Edward Bushel, one of the 
said jurors, on the ninth of November following, brought 
his Habeas Corpus in the Court of Common Pleas. On 
which the sheriffs of London made return, ' That he 
' W3i5 detained by virtue of an order of Sessions, whereby 
' a fine of forty marks was set upon him, and eleven 
^ others, particularly named ; and every one of them 
' being jurors sworn to try the issues joined between 
^ the King, and Penn, and Mead, for certain trespasses, 
^ contempts, unlawful assemblies, and tumults, and who 
^ then, and there, did acquit the said Penn, and Mead, 
^ of the same, against the law of this kingdom, and 
^ against full, and manifest, evidence; and against the 
^ direction of the court in matter of law, of and upon 
^ the premises openly in court to them given and 
' declared; and it was ordered, they should be impri- 
^ soned till they severally paid the said fine, which the 
' said Bushel not having done, the same was the cause 
^ of his caption and detention.' 

The court coming to debate the validity of this 
return, adjudged the same insufficient: For, 1. The 
words, ^ Against iiill, and manifest, evidence,' was too 
general a clause : the evidence should have been fully, 
and particularly, recited; else how shall the court 
know that it was so full and manifest ? they have 
now only the judgement of the sessions for it, that 

it 



NOISES AND ILLUSTRATIONS. 303 

it was so : ^ but/ said the judges, ' our judgements 
' ought to be grounded upon our own inferences and 
^ understandings, and not upon theirs/ 

2. It is not said, that they acquitted the persons 
indicted against full and manifest evidence, corrjiptly ^ 
and knowing the said evidence to be fall and inanifest. 
For otherwise it can be no crime ; for that may seem 
full, and manifest, to the court, which does not appear 
so to the jury. 

3. The other part of the return; viz. 'That the 
^ jury had acquitted those indicted, against the direc- 
^ tion of the court in matter of law," was also adjudged 
to be nought, and unreasonable ; and the fining the 
juries for giving their verdict in any case concluded 
to be illegal, for the several reasons before recited, and 
other authorities of law urged to that purpose ; and 
all the precedents, and allegations, brought to justify 
the fine, and commitment, solidly answered. V/here- 
upon the chief justice delivered the opinion of the 
court, ' That the cause of commitment ivas insufficient ; ' 
and accordingly the said Bushel, and other his fellow- 
prisoners, were discharged, and left to the common 
law for remedy and reparation of the damages, by 
that tortuous, illegal imprisonment, sustained. 

See a pamphlet entitled The Englishman's Right, by 
Sir John Hawles, Knt. Solicitor-general to King William 
the Third. Also the case at large, with all the ob- 
jections and precedents, and the reasons of the court, 
in Vaiighans Report, folio, p. 135 to p. 158. 

Note 



'6-1 NOTES AND ILLUSTRATIONS. 



NOTE XXXL p. 303. 

In order to maintain both the dignity and inde- 
pendence of the judges irj the superior courts, it is 
enacted, by the statute 13 William III. c. 2. that their 
commissions shall be made (not, as formerly, durante 
bene placito, or during pleasure, but) quamdiu bene se 
gesserint, so long as they conduct themselves well, and 
their salaries ascertained and established, but that it 
may be lawful to remove them on the address of both 
Houses of Parliament. And now, by the noble im- 
provements of that law, in the statute of 1st George 
III. c. 23. enacted at the earnest recommendation of 
the King himself from the throne, the judges are con- 
tinued in their offices during their good behaviour, 
notwithstanding any demise of the Crown, (which 
was formerly held immediately to vacate their seats,) 
and their fall salaries are absolutely secured to them 
during the continuance of their commissions ; his 
Majesty having been pleased to declare, that " he 
^'^ looked upon the independence and uprightness of 
^' the judges as essential to the impartial administra- 
" tion of justice; as one of the best securities of the 
"rights and liberties of his subjects; and as most 
" conducive to the honour of the crown." — Blackstone's 
Commentaries, vol. i. p. 267. 



Note 



NOTES AND ILLUSTRATION'S^. 36*5 



NOTE XXXIL p. 319. 

Several persons were sent into different countries^ 
to preach up indulgences in sin, and to receive money 
for them. The collectors persuaded the people, that 
those who gave to the value of about ten shillings 
sterling, should, at their pleasure, deliver one soul from 
the pains of purgatory. Bat if the sum was less, they 
preached, that it would profit them nothing. 

The Pope employed the Dominicans in this dirty 
work in Germany; at which the Augustines were irri- 
tated, and pretended that the office of retailing indul- 
gences belonged to them. As all the money, raised 
this way in Saxony and thereabouts, was granted to 
Magdalen, sister to the Pope, she, to make the most of 
it, appointed Archimbald, a bishop, by habit and title, 
but well versed in the tricking part of trade as a 
Genoese, to manage for her. But we are told, that 
Albert of Brandenburg, archbishop of Mentz and 
Magdeburg, who was soon after made a cardinal, had a 
commission for Germany: that, instead of employing 
the Augustine friars, who had laboured above all the 
religious orders to make them pass, he gave his commis- 
sion to John Tetzelius, a Dominican, and to other friars 
of the same order; because he had lately collected great 
sums for Knights of the Teutonick order, who were at 
war against the Muscovites, by preaching up the like 
indulgences, which the Pope had granted to these 

kuights. 



366 



JSrOTES AI^D ILLUSTRATIONS. 

knights. Tetzelius^ or Iccelius, as he is called by 
some, boasted^ that ' He had so ample a commission 
^ from the Pope, that, though a man should have de- 
' flowered the Virgin Mary, for a proper sum of money 
^ he could pardon him;' and assured the people, that 
' He did not only give pardon for sins past, but also 
' for sins to come.* — Middletons Life of Luther, 



NOTE XXXIII. p. 327. 

On St. Bartholomew's day, August 24, 1662, the 
Act of Uniformity expelled from the Establishment 
all ministers who would not swear their unfeigned 
assent and consent to every thing in the Book of 
Common Prayer. In many parts of the kingdom, the 
ministers could not procure the book before the time, 
within which the law required them to swear to it, 
or resign their livings ; so that, in their farewell ser- 
mons, they told their flocks, that they were obliged 
to leave them for not swearing to a book which they 
had not been able to see. But this was no obstacle 
to the ruling party, who wished for the most costly 
sacrifices at the shrine of absolute obedience, and 
longed to rid themselves of men who were troubled 
with a conscience. 

Two thousand ministers resigned their livings in 
the Establishment; and exposed themselves to the loss 
of all things, rather than submit to these new terms 
of conformity, which their consciences condemned. 

Bartho- 



NOTES AND ILLUSTRATIONS. 307 

Bartholomew's day was chosen, because they would 
be deprived of their year's income, which would be 
due shortly after. No portion of their former livings 
was reserved to keep them from starving ; for these 
persecutors were not ashamed to be outdone by their 
enemies \ The great Mr. Locke styles these two 
thousand ejected ministers, ' learned, pious, orthodox, 
* divines;' and we have no hesitation in saying, that 
of them the world was not worthy, nor have their 
equals been seen in any age or nation. Their writings 
have erected to their memory a monument more du- 
rable than brass or marble ; which has so perpetuated 
and diffused their sentiments and spirit, that had their 
enemies anticipated the consequences of excluding 
them from the pulpits, they would have left them 
to preach, that they might have had no leisure to 
write. — Bogue and Bennett's Hist, of Diss. vol. i. p. 98. 

(l) See Burnet, vol. IL p. 184. 



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